191284

The City of Portland ordains:

Section 1.  The Council finds:

1. The Portland Bureau of Transportation (PBOT) serves as the lead agency for the City of Portland (City) on the Portland Safety Projects, All Roads Transportation Safety (ARTS) Project. Other City bureaus in concert with PBOT including but not limited to, the bureaus of Development Services, Environmental Services, Parks and Recreation, Planning and Sustainability, and the Portland Water Bureau.
    
2. On July 13, 2019, by Ordinance No. 189562, City Council authorized execution of an Intergovernmental Agreement (IGA) for design and construction management services for the Project. The IGA documents understandings and agreements relating to services being provided between Oregon Department of Transportation and the City.
    
3. City of Portland is responsible for delivering the Safety project (“Project”) under supplemental project Agreement Number 32760 executed on 7/2019 (“Project Agreement”) attached hereto as Exhibit C and by this reference made a part hereof.
    
4. This Agreement covers a subset of the work set forth in the Project Agreement; therefore, the Project Agreement describes the general scope and funding for the right of way activities carried out under this Agreement. This Agreement further defines the roles and responsibilities of the Parties regarding real property to be used as part of the right of way for the Project, and further refines the details of the scope and funding for these right of way activities.
    
5. As of the Effective Date of this Agreement, there are no local public agencies (“LPAs”) certified to independently administer federal-aid projects for right of way services. State is ultimately responsible for the certification and oversight of all right of way activities under this Agreement.
    
6. Under such authority, to accomplish the objectives in the project agreement, Agency agrees to perform the right of way Services shown in Exhibit A - Special Provisions (“Services”), attached hereto and by this reference made a part hereof.
    
7. The Parties agree to comply with the terms of this Agreement and the applicable terms of the agreement in performing the Services. In the event of a direct conflict, the terms of the Project Agreement will control over any conflicting provision in this Agreement.     
    
8. The funding and payment for the Services are set forth in the Project Agreement. This Agreement commits no additional funding for the Services.

NOW, THEREFORE, the Council directs:

1. That the Commissioner-in-Charge is hereby authorized to execute Amendment No. 1 to the Intergovernmental Agreement with the Oregon Department of Transportation to incorporate the Right of Way Services for the Portland Safety Projects; All Roads Transportation Safety (ARTS) Project, in a form similar to the contract attached as Exhibit A.

Section 2.  The Council declares that an emergency exists because a delay would unnecessarily delay the City’s ability to perform the activities authorized by the grant; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.