Emergency Ordinance

*Amend contract with Oregon Department of Transportation to incorporate additional federal funds in the amount of $3,907,149 for the NW Thurman St over Macleay Park Project (amend Contract 30007371)


The City of Portland ordains:

Section 1.  The Council finds:

  1. This is Amendment No. 01 to the Agreement between the State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as “State” or “ODOT,” and the CITY OF PORTLAND, acting by and through its elected officials, hereinafter referred to as “Agency,” entered into on July 24, 2020.
  2. The Portland Bureau of Transportation (PBOT) has agreed to deliver the NW Thurman St. over Macleay Park project. The project consists of designing shelf- ready plans to paint and repair the trusses and bents on the NW Thurman Street Bridge No. 25B15 over Macleay Park in the City of Portland.
  3. On July 22, 2020, 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.
  4. This amendment completes the full funding and the addition of the construction phase to the Project in the Statewide Transportation Improvement Program (STIP). The total Project cost is estimated at $4,885,290.00, which is subject to change. Federal funds for this Project shall be limited to $4,383,570.72. Federal funds under this Agreement are provided under Title 23, United States Code.
  5. 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.  
  6. The funding and payment for the Services are set forth in the Project Agreement. This Agreement commits no additional funding for the Services.
  7. The project number for this is T00722 and the grant number is TR000309.

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 complete Federal Funding of this project; NW Thurman St. Bridge over Macleay Park Project, in a form similar to the contract attached as Exhibit A.
  2. The OMF Grants Office is authorized to perform all administrative matters in relation to the grant application, grant agreement or amendments, requests for reimbursement from the grantor, and to submit required online grant documents on the Commissioner-in-Charge’s behalf.

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.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

  • This ordinance will authorize an amendment (Amendment No. 1) to an existing Intergovernmental Agreement (IGA) between the City of Portland (PBOT) and the Oregon Department of Transportation to deliver the NW Thurman St. over Macleay Park project. The project consists of designing shelf-ready plans to paint and repair the trusses and bents on the NW Thurman Street Bridge No. 25B15 over Macleay Park in the City of Portland.
  • Under this agreement, PBOT serves as the lead agency for this project and is responsible for the successful delivery of this project.
  • Under the IGA, total Federal Funds for this project were allocated for the Preliminary Engineering and Design Phases which amounted to $476,421.44.
  • This will represent the first amendment to the IGA to incorporate the remaining Federal Funds distributed to this project for construction in the amount of $4,383,570.72.  
  • This is a routine business request to execute an amendment to an existing IGA. There are no known parties who would be interested in or object to this action. It makes no changes to City policies.  

Financial and Budgetary Impacts

  • Project No. is T00722 and Grant No. is TR000309
  • The project is included in the FY 2023-24 Adopted Budget and five-year forecast.
  • The award for TR000309 is increasing from 476,421.44 (less ODOT costs) to 4,383,570.72 (less ODOT costs). 
  • No adjustments to appropriation are requested as a part of this ordinance.

Community Impacts and Community Involvement

  • This project will also upgrade Street Lighting along the NW Thurman St. Bridge improving safety and convenience for cyclists and pedestrians along this route.
  • In addition to providing citywide benefits, this project prioritizes funding to protect and preserve the longevity of City of Portland Structures like the NW Thurman St. Bridge.
  • Most recent outreach indicates a growing consensus of support for the funding priorities identified in the project list from numerous safety, neighborhood, and business groups.

100% Renewable Goal

Not applicable.

Budget Office Financial Impact Analysis

This authorizes an amendment to the IGA between PBOT and ODOT to include additional federal funds for the NW Thurman St. over Macleay Park bridge project. The federal funding for the project is increasing from $476,421.44 to $4,383,570.72. No additional appropriations are required as a result of this action. 

Agenda Items

574 Consent Agenda in July 12-13, 2023 Council Agenda


  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Mayor Ted Wheeler Yea


Geren Shankar

Capital Project Manager II, PBOT

Requested Agenda Type


Date and Time Information

Requested Council Date