190692

The City of Portland ordains:

Section 1. The Council finds:

1. SW Capitol Highway and SW Taylors Ferry Road are streets under the jurisdiction of the City of Portland maintained by the Portland Bureau of Transportation (PBOT);
2. SW Barbur Boulevard (Oregon Highway 99W) is a roadway under the jurisdiction of the State of Oregon Department of Transportation (ODOT);
3. ODOT has procured a contractor to construct a concrete sidewalk and bikeway along the east side of SW Capitol Highway between SW Barbur Boulevard and SW Taylors Ferry Road, and a pedestrian plaza at the northeast corner of SW Capitol Highway and SW Barbur Boulevard, as part of ODOT’s Barbur Crossroads Safety Project;
4. The proposed pedestrian improvements on SW Capitol Highway between SW Barbur Boulevard and SW Taylors Ferry Road are improvements requested by PBOT and are not eligible for the ODOT All Roads Transportation Safety (ARTS) funding that ODOT is otherwise using to construct the Barbur Crossroads Safety Project;
5. PBOT’s Fixing Our Streets program, funded by a ten-cent gas tax approved by Portland voters in May 2016 and again in May 2020, includes a funding line item entitled, “ODOT Partnership: Match Safety Grants,” with available balance;
6. PBOT’s Transportation System Development Charge (TSDC) program includes a funding line item entitled, “West Portland Connected Centers Project” with available balance and eligibility for projects that increase person travel capacity in the West Portland Town Center including new sidewalks and pedestrian plazas;
7. On October 12, 2021 PBOT’s internal Capital Investment Committee approved a supplemental allocation of the Fixing Our Streets “ODOT Partnership: Match Safety Grants” funding line item that, when combined when previously approved allocations of Fixing Our Streets and TSDC, is sufficient to provide $209,000 in City funding toward ODOT’s Barbur Crossroads Safety Project; and
8. The Bureau's level of confidence in the cost estimate for this project is high because ODOT accepted a bid from a construction contractor and shared the cost information with PBOT.

NOW, THEREFORE, the Council directs:

1. The Commissioner-in-Charge is hereby authorized to execute an Intergovernmental Agreement (IGA) in a form similar to Exhibit A under which PBOT will provide funding to ODOT in the amount of  two hundred and nine thousand dollars ($209,000) for the construction of pedestrian improvements on SW Capitol Highway between SW Barbur Boulevard and SW Taylors Ferry Road.
2. The Director of PBOT may execute amendments to the IGA if such changes, in the opinion of the Director in consultation with General Counsel, do not materially change the City’s obligations or risks; and
3. The Office of Management & Finance Grants Management Division is authorized to perform all administrative matters in relation to the IGA on behalf of the Director of PBOT.

Section 2. The Council declares that an emergency exists because ODOT has procured a construction contractor and is ready to begin construction on the pedestrian improvements described herein; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.