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2021-066958 ~ 13333 SW 68th Parkway Washington County,Oregon 2021-066958 D-AE Stn=2 S AKINS 06/10/2021 02:06:48 PM $70.00$11.00$5.00$60.00 $146.00 RETURN RECORDED DOCUMENT TO: I,Joe Nelson,Interim Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby CITY HALL RECORDS DEPARTMENT • certify that the within instrument of writing was received and recorded in the book of records of said county. CITY OF TIGARD Joe Nelson,Interim Director of 13125 SW Hall Blvd. Assessment and Taxation,Ex-Officio Tigard,OR 97223 Ftr51' erucuf-.7-' NCS-�Iwk24o6 Accommodation recording only; document not reviewed and no insurance provided Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 21 day of May 2021,by and between the CITY OF TIGARD,a municipal corporation of the State of Oregon(City)and Triangle Pointe Two, LLC(Owner). RECITALS A. Owner has developed or will develop the Facilities listed below. Facility type(list each): Canister Filter Quantity: 4 Size: 1 ZPG canister B. The Facilities enable development at 13333 SW 68th Parkway Tieard.OR 97223 while mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is connection to the public storm water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. See Attached Exhibit A D. The Facilities are designed by a registered professional engineer to accommodate the anticipated volume of runoff and to detain and treat runoff in accordance with Clean Water Service City's Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public storm water system. NOW,THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITIES. The City shall provide Owner an Operations and Maintenance (O&M Plan)for each facility. Owner agrees to operate, inspect and maintain each Facility in accordance with the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection activities. The log shall be available to the City upon request during City inspections 2. DEFICIENCIES. All aspects in which the Facilities fail to satisfy the O&M Plan shall be noted Page 1 —Private Storm water Facilities Agreement 50014.36792 6/2/17 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. si,,,t,ti(ito Tigard, OR 97223 E-RECORDED NCS Pi (� ID: 22Z 5__D 426 __ 1.10 G{�!!7 G�� Accommodation recording only; County: document not reviewed and Date: /6/7-1 Time: 2 -aro in no insurance provided Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 21 day of May 2021, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and Triangle Pointe Two, LLC (Owner). RECITALS A. Owner has developed or will develop the Facilities listed below. Facility type (list each): Canister Filter Quantity: 4 Size: 1 ZPG canister B. The Facilities enable development at 13333 SW 68th Parkway Tigard, OR 97223 while mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is connection to the public storm water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. See Attached Exhibit A D. The Facilities are designed by a registered professional engineer to accommodate the anticipated volume of runoff and to detain and treat runoff in accordance with Clean Water Service City's Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public storm water system. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITIES. The City shall provide Owner an Operations and Maintenance (O&M Plan) for each facility. Owner agrees to operate, inspect and maintain each Facility in accordance with the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection activities. The log shall be available to the City upon request during City inspections 2. DEFICIENCIES. All aspects in which the Facilities fail to satisfy the O&M Plan shall be noted Page 1 —Private Storm water Facilities Agreement 50014-35792 6/2/17 as "Deficiencies". 3. OWNER CORRECTIONS. All Deficiencies shall be corrected at Owner's expense within thirty (30) days after completion of the inspection. If more than 30 days is reasonably needed to correct a Deficiency, Owner shall have a reasonable period to correct the Deficiency so long as the correction is commenced within the 30-day period and is diligently prosecuted to completion. 4. CITY INSPECTIONS. Owner grants City the right to inspect the Facilities. City will endeavor to give ten (10) days prior written notice to Owner, except that no notice shall be required in case of an emergency. City shall determine whether Deficiencies need to be corrected. Owner(at the address provided at the end of this Agreement, or such other address as Owner may designate in writing to City) will be notified in writing through the US Mail of the Deficiencies and shall make corrections within 30 days of the date of the notice. 5. CITY CORRECTIONS. If correction of all Owner or City identified Deficiencies is not completed within the timeframe set forth in Section 3, City shall have the right to have any Deficiencies corrected. City (i) shall have access to the Facilities for the purpose of correcting such Deficiencies and(ii) shall bill Owner for all costs reasonably incurred by City for work performed to correct the Deficiencies (City Correction Costs) following Owner's failure to correct any Deficiencies in the Facilities. Owner shall pay City the City Correction Costs within thirty (30) days of the date of the invoice. Owner understands that this is a debt owing to City. In addition, Owner agrees that upon non-payment, City Correction Costs shall be secured by a lien on the Property for the City Correction Cost amount plus interest and penalties. 6. EMERGENCY MEASURES. If at any time City reasonably determines that the Facilities create any imminent threat to public health, safety or welfare, City may immediately and without prior notice to Owner take measures reasonably designed to remedy the threat. City shall provide notice of the threat and the measures taken to Owner as soon as reasonably practicable, and if such imminent threat arose from a Deficiency with the Facilities, charge Owner for the cost of these corrective measures as provided in Paragraph 5. 7. FORCE AND EFFECT. This Agreement shall constitute an equitable servitude or covenant running with the land and shall bind all owners of the Property present and future, and their heirs, successors and assigns. 8. AMENDMENTS. The terms of this Agreement may be amended only by mutual agreement of the parties. Any amendments shall be in writing, shall refer specifically to this Agreement, and shall be valid only when executed by the owners of the Property, City and recorded in the Official Records of the county where the Property is located. 9. PREVAILING PARTY. In any action brought by either party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs, including reasonable attorney's fees as may be determined by the court having jurisdiction, including any appeal. 10. SEVERABILITY. The invalidity of any section, clause, sentence, or provision of this Agreement shall not affect the validity of any other part of this Agreement, which can be given effect without such invalid part or parts. Page 2—Private Storm water Facilities Agreement 50014-36792 6/2/17 IN WITNESS WHEREOF, Owner and City have signed this Agreement. NOTARIZE DOCUMENT BELOW By: ..,., -. C47-7--e----- Steve Deacon Title: Manager STATE OF OREGON ) ) ss. County of 7/u..Gfrx,?nr alt..> ) This instrument was acknowledged before me on '�NCf & , 20 2/ , by ,7/'ue 1)eaco -) as f'J'($elZ_P.‘/- of LJc'aC( ? t` evelc"jp,nenf LLC NOTT PUBLIC FOR OREGON My Commission Expires: u.,1,, ii.2a el r * ALLY ALEXANDER V,,My COMM� 963201 .KIN/IL 2021 CITY OF TIGARD .. ...„/ By: (Ci Engineer) Page 3 —Private Storm water Facilities Agreement 50014-36792 6/2/17 EXHIBIT A TRIANGLE POINT—TRACT 2 A Tract of land being a portion of that tract of land described in that deed recorded as Document No. 2008-095193, Washington County Deed Records, located in the Southeast one- quarter of Section 1, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said Tract of land being more particularly described as follows: Commencing at a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants" found at the most Westerly corner of said Document No. 2008-095193 tract. Said point being on the Northeasterly right of way line of Oregon State Highway No. 217; thence along said Northeasterly right of way line the following 5 courses, South 31°06'53" East a distance of 74.34 feet to a point; thence South 26°16'26" East a distance of 246.92 feet to a point; thence South 33°19' 28" East a distance of 77.38 feet to a point; thence South 32°12'39" East a distance of 194.51 feet to a point; thence South 31°32'53" East a distance of 112.20 feet to the true point of beginning of the Tract of land herein described; thence North 58°3775" East a distance of 24.27 feet to a point; thence North 31°32'35" West a distance of 48.50 feet to a point; thence North 58°27'25 East a distance of 40.30 feet to a point; thence North 31°22'35" West a distance of 67.88 feet to a point; thence North 58°27'25" East a distance of 63.57 feet to a point; thence North 31°22'35' East a distance of 218.80 feet to a point; thence North 57°02'15" East a distance of 71.48 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence South 32°51'35" East a distance of 249.26 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants'; thence South 05°45'39" West a distance of 127.14 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence South 30°39'07" East a distance of 156.11 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence South 69°17714' East a distance of 196.87 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence South 89°02'35" East a distance of 146.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence North 00°00'40 East a distance of 10.29 feet to a 5/8 inch iron rod with a yellow plastic cap stamped"Westlake REGISTERED PROFESSIONAL LAND SURVEYOR aE! esAtGON O tt.v CMS FISCIHIBORP n944I • Consultants'; thence South 88°55'39" East a distance of 144.04 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Westlake Consultants"; thence North 07°5441" East a distance of 387.00 feet to a point on the centerline of vacated SW Varnes Road; thence South 88°43'41" East, along said vacated centerline, a distance of 36.61 feet to a point on the Westerly right of way line of Interstate Highway 5 as described in Washington County Circuit Court Case No. C99-0484CV recorded January 20, 2000 as Document No. 2000-005456; thence along 'said Westerly right of way line the following four courses,-South 13°0547" West a distance of 50.95 feet to a point; thence South 06°53'56' West a distance of 382.44 feet to a point; thence South 22°01'53" West a distance of 331.67 feet to a point on the Northeasterly right of way line of said Oregon State Highway No. 217; thence along,said Northeasterly right of way line, along a 110.00 foot offset spiral to the right, the long chord of said spiral bears North 53°38'22"West a distance of 155.24 feet to a point that is a 110.00 foot offset to State Highway Centerline Station 470+35.18 P.C.S.; thence along a 1035.92 foot radius curve to the right, through a central angle of 06°12'00", an arc distance of 112.10 feet (the long chord of said curve bears North 46°44'34" West a distance of 112.04 feet) to a point that is 110.00 feet opposite and to the left of State Highway Centerline Station 469+11.18 P.S.C.; thence along a 110.00 foot offset spiral to a 500.00 foot centerline spiral whose central angle is 12°30'00", (the long chord of said 110.00 foot offset spiral bears North 35011'55"West a distance of 476.72 feet to a point of non-tangency that is opposite State Highway Centerline Station 464+11.18 P.S.; thence North 31°32'53" West a distance of 117.83 feet to the true point of beginning of the Tract of land herein described. Said Tract of land contains an area of 6.0136 acres(261,950 square feet) more or less. REGISTERED PROFESSIONAL LAND SURVEYOR e4.e;fe*,;eZ4/_ OREGON JULY 17.,119'81 CHRISF1SCHBORN 1944 Stormwater Facilities Operation and Maintenance Plan For: Triangle Pointe 13333 SW 68th Parkway Tigard, OR 97223 November 15, 2017 Prepared by: Mackenzie 1515 SE Water Avenue Suite 100 Portland, OR 97214 2150559.00 1 M M . TABLE OF CONTENTS I. SITE DESCRIPTION, ASSUMPTIONS AND GENERAL SYSTEM DESCRIPTION 1 II. GENERAL MAINTENANCE REQUIREMENTS 1 Responsibility 2 III. GENERAL MAINTENANCE ACTIVITIES 2 Collection System 2 Water Quality System 3 Additional Maintenance Requirements for Initial Establishment Period 3 IV. SITE PLAN SHOWING LOCATION OF FACILITY COMPONENTS 3 V. WATER QUALITY FACILITY GENERAL REQUIREMENTS 3 Employee and Public Education 4 Maintenance Equipment 4 Maintenance Schedule 4 Pollution Prevention 4 VI. FINANCIAL RESPONSIBILITY 5 VII. SPILL PREVENTION AND CONTROL 5 Emergency Contacts 5 Record Keeping Worksheets 6 ATTACHMENTS Record Keeping Worksheet Facility Table Facility Map StormFilter Maintenance Guide H:\Projects\215055900\3_Design\Calculations\CIVIL\StonnwaterReport'AppendicesVAppendix D-Operations&Maintenance Manual\Tnangle Pointe Operations&Maintenance.docx I. SITE DESCRIPTION, ASSUMPTIONS AND GENERAL SYSTEM DESCRIPTION The following Stormwater Facilities Operation and Maintenance Plan (O&M Plan) has been prepared specifically for Triangle Pointe to describe stormwater facilities and maintenance required for their intended and continued function. This plan was developed in accordance with City of Tigard and Clean Water Services requirements to provide a basis for maintenance of stormwater facilities for Triangle Pointe (13333 SW 68`h Parkway, Tigard, OR 97232). The site improvements include asphalt parking, landscaping and supporting utilities. The site stormwater system consists of the collection system(catch basins and pipes),treatment facilities(Contech Stormfilter Catch Basins and Manholes), and detention facilities (165 If of 60" CMP pipe and control manhole). A copy of the site's stormwater plan is included with this maintenance plan. This O&M Plan generally provides for maintenance of the stormwater collection,treatment and detention. Best Management Practices (BMP's) related to maintenance of the facilities shall include regular maintenance and upkeep of the parking and landscape areas.All business operations(other than car and truck parking)are expected to be confined to areas within the building and not to impact stormwater collection, treatment or operation of the drainage system. II. GENERAL MAINTENANCE REQUIREMENTS The Triangle Pointe Facilities Manager shall be responsible for regular inspections and maintenance of the storm drainage system and related facilities. Inspections shall include observations of the landscaping, parking areas, and catch basin grates for debris, loose soil or sediment that may enter the system. Inspection of the collection system includes observation of the catch basins, and conveyance lines. General maintenance requirements of those facilities include removal of sediment and debris, repair of damaged components and general maintenance of mechanical systems. Facility-specific maintenance requirements shall also be the responsibility of the Triangle Pointe Facilities Manager. Inspections shall include documentation of observations and maintenance or repairs of each of the drainage system facilities. This would include: ✓ Landscape areas ✓ Parking areas ✓ Catch basins ✓ Cleanouts ✓ Conveyance pipes ✓ Treatment devices Conduct inspections with the as-built plans in hand. Inspect the facility on a quarterly basis for the first 3 years from construction, and a minimum of semi-annually thereafter. Additional inspections will be necessary after long dry periods, large storms, or spills. Immediately remove spilled material,taking the appropriate safety and disposal precautions. 1 M M . Keep inspection records to track the progressive development of the system over time. The inspection records shall include: 1. Sediment condition and depth in sumps 2. Water elevation/observations (sheen, smell, etc.) 3. Conditions of the inlet and outlet pipes, and remaining storage capacity 4. Unscheduled maintenance needs 5. Components that do not meet performance criteria and require immediate maintenance 6. Common problem areas, solutions, and general observations 7. Aesthetic conditions Responsibility The facility manager shall be responsible to inspect, maintain or otherwise repair the stormwater facilities. Regular inspections shall occur, and documentation of the inspections, maintenance or repairs kept on-site for a minimum of 3 years from the date of the activity. A copy of the 0& M Plan shall be provided to all property owners and tenants. III. GENERAL MAINTENANCE ACTIVITIES Maintenance of the storm drainage facilities (manholes and catch basins) may include removal of oils, sediments or debris that requires specialized testing or disposal. All removed oils,sediments or other debris shall be disposed of in accordance with applicable regulations. The facility manager shall be responsible to retain a qualified company to dispose of this material or otherwise comply with the applicable regulations. The facility manager should contact the City of Tigard, Department of Environmental Services,or Clean Water Services to verify current regulations or requirements. Local companies providing testing, storage and disposal services: Evergreen Pacific 503-835-5028 Loy Clark 503-849-4560 All Vac 503-289-4063 Collection System The collection system consists of the various downspouts, underground pipes, manholes, cleanouts and catch basins. Below are described inspection programs for specific facilities on the site. Storm Sewer Pipes—The storm sewer pipes connect the catch basins and downspouts to the treatment facilities. The pipes need to be inspected and cleaned quarterly(if necessary)following major storm events. Cleanouts and manholes are provided for access to the pipe system. The pipes need to be inspected for sediment build up and cleaned out, if necessary, using a vactor truck so that sediment is removed. Catch Basins—The catch basins are metal basins with steel grates. The catch basins have a trapped outlet and sump and need to be inspected and maintained (if necessary) on a quarterly basis and following major storm events. Maintenance includes inspection of the structure itself and removal of any oils, debris or sediment as • M ■ Employee and Public Education Employees will be trained upon hiring and thereafter annually, when new requirements are published, or when there are any changes to the system equipment. Employee training will include: ✓ Reading this Operations and Maintenance Plan (O&M Plan) ✓ Familiarity of all components and locations for materials indicated in the O&M Plan ✓ Spill response and Personal Protective Equipment (PPE) ✓ Documentation requirements Public education includes posted signage and personal observed inspection. Hands on training may occur if owner or employees see public not following the rules. Signage to include, but not be limited to: Never Dump Waste Materials into the Catch Basins. Maintenance Equipment Hand tools or other specialized equipment may be necessary to maintain the facilities. Suggested maintenance equipment is listed in the Inspection Checklist. The facility manager shall be responsible to maintain on-site, or be able to make available, all required equipment. Maintenance Schedule Summer:Make any structural repairs. Improve filter medium as needed.Clear drains and inlets. Irrigate as needed. Fall: Replant exposed soil and replace dead plants. Remove sediment and plant debris. Winter: Monitor infiltration/flow-through rates. Clear inlets and outlets/overflows to maintain conveyance. Spring: Remove sediment and plant debris. Replant exposed soil and replace dead plants. Mulch as needed but do not block the inlets, outlets,or flow paths with mulch. All season: Weed as necessary. Pollution Prevention All sites shall implement best management practices to prevent hazardous or solid wastes or excessive oil and sediment from contaminating stormwater. For immediate assistance responding to spills contact 911. Record time/date,weather,and site conditions if site activities contaminate stormwater. For non-hazardous spills contact the City of Tigard Public Works: Monday-Thursday(8 am—6 pm): (503) 718-2591 After Hours Service: (503) 639-1554 4 M ■ described in the maintenance table. Check to see if sediment has built up on the bottom of the catch basin by measuring down from the outlet pipe. If it is less than 12 inches then the catch basin needs to be cleaned out. Water Quality System Filter Catch Basins and Manholes—The storm filter catch basins and manholes provide the required treatment for the runoff from the paved areas on site.The filter catch basins and manholes should be inspected at least quarterly and filter cartridges replaced or repaired as required. It is suggested that the filter supplier be contracted to provide inspection and maintenance of these facilities. Additional Maintenance Requirements for Initial Establishment Period Initial maintenance of landscape vegetation may require additional attention to ensure that landscaping, groundcover and erosion control measures are established or maintained as intended. Proper landscaping and groundcover is an important feature of a successful storm drainage system. ✓ During the initial 3 year establishment period, remove undesired vegetation using minimal (or preferably no) use of toxic herbicides and pesticides at least 3 times a year. Replace plants that die during this period. ✓ Irrigate as necessary to establish site landscaping. ✓ Replenish mulch at least annually. Make sure that all exposed soil is covered with mulch or other groundcover. ✓ Do not use excessive fertilizers, herbicides, or pesticides for vegetation maintenance. ✓ Use replacement plants that conform to the initial planting list. IV. SITE PLAN SHOWING LOCATION OF FACILITY COMPONENTS The provided site utility "As-built" drawings should be consulted for further information regarding facility locations, sizes or details. V. WATER QUALITY FACILITY GENERAL REQUIREMENTS The general facilities are listed below. Refer to the attached Inspection Checksheets for guidance related to inspection schedule and maintenance. 1. Site Pavement and Landscape Areas 2. Catch Basins and Inlets 3. Mechanical Filters(refer to attached Contech Inspection and Maintenance Procedures) M VI. FINANCIAL RESPONSIBILITY The property owner is fiscally responsible for operating and maintaining the stormwater facilities as described in this document. VII. SPILL PREVENTION AND CONTROL A general outline for spill response is included in this O&M Plan. As tenants populate the building or change over time, additional and/or site specific spill control requirements may be required. The owner,facility manager and tenants shall comply with all applicable state and local requirements related to materials storage and handling, spill control, cleanup and reporting. Spill prevention is an important factor in the successful operation of a stormwater management system. All employees will be trained to this plan so that they are certain of the location of materials,who to notify in case of a spill, and how to initially contain the spill of hazardous materials. Employees shall never dump waste materials into the stormwater collection/treatment system. Employees shall be observant of other potential contamination occurrences. All employees will review the following page regarding detailed spill response steps. This data will be posted in an accessible area. Emergency Contacts Hazardous spills City of Tigard Public Works Monday-Thursday(8 am—6 pm): (503) 718-2591 After Hours Service: (503) 639-1554 911 (Indicating the need for contacting the hazmat team) Current property owner and on-site personnel Non-hazardous spills to be reported to Facilities Manager. 5 M . WHAT TO DO IN CASE OF A SPILL 1. The spill kit is located in each of the tenant offices. 2. Get the spill kit (and spill kit instructions when provided). a. If possible, determine visually what types of fluids have been spilled. b. Put on gloves and glasses or any other necessary Personal Protective Equipment (PPE). c. Get the absorbent material provided in the kit and drain block cover(pig). d. Place the absorbent material in the path of the spill. e. Remove any debris from the vicinity of the catch basin inlets in the parking lot. f. Unroll the drain blocker, and place it snugly over the catch basin inlet. g. Verify the cover has full contact with the rim of the catch basin inlet. h. Use snakes, pillow, or pigs to completely contain the area. i. If the spill cannot be contained locally, shut off the storm drain pump(s) so any spilled material does not leave the site. 3. Notify the following personnel immediately: City of Tigard Public Works Monday-Thursday(8 am—6 pm): (503) 718-2591 After Hours Service: (503) 639-1554 911—and indicate the need for contacting the hazmat team. Department of Environmental Quality— 800-452-0311 800-452-4011 503-229-5263 Note: Only dry cleanup methods may be employed to clean up spills(i.e.,no use of water to wash spilled materials from pavement will be conducted). 6 MI M . Record Keeping Worksheets INSPECTION CHECKLIST COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: • Inspector's Signature: (For each inspection period,complete this sheet and attach each of the completed Inspection Checklist sheets. Record items inspected and notes of any problems, maintenance or repair activity. Add additional sheets as necessary to record all activities. Maintain a copy of all inspection reports for a minimum of three years). Suggested Maintenance Equipment and Materials: Collection System ✓ Push broom ✓ Rake ✓ Shovel ✓ Spill kit ✓ Manhole lid puller ✓ General landscape tools (weed cutters, pruning clippers, leaf rake, etc.) ✓ Vacon Truck HAProjects\215055900\3_Design\Calculations\CMIL\Stormwater Report\Appendices\Appendix D-Operations&Maintenance Manual\Tnangle Pointe Operations&Maintenance.docx