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191557

Ordinance

Amend Intergovernmental Agreement with TriMet to reduce scope and reimburse TriMet $252,608 for local match and cost overruns on the Barbur/OR-99W Corridor Safety & Access to Transit Project (amend Contract 30005514)

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. The Bureau of Transportation partnering with TriMet applied to Oregon Department of Transportation (ODOT) for a grant in the amount of $924,219 to construct a series of pedestrian safety and transit enhancements along Barbur Blvd (Highway 99)
  1. TriMet and ODOT entered into a separate binding Intergovernmental Agreement to administer ODOT Agreement No. 30684: Barbur/OR-99W Corridor Safety & Access to Transit Project (“TriMet/ODOT IGA”)
  1. The TriMet/ODOT IGA was a mechanism for ODOT to administer the local projects set out in the agreement. Under the TriMet/ODOT IGA, ODOT agreed to administer and deliver four projects (referred to herein as “City Projects”) for the City of Portland.
  1. The total cost for the City Projects was estimated to be $1,030,000 and funded as part of the Multimodal Transportation Enhance Program (MTEP). The funding Ratio for the City Projects was 89.73% of MTEP funds to 10.27% of City funds. MTEP funds are fixed at $924,219. The City’s contribution was $105,781.
  1. On August 03, 2016, City Council passed Ord. 187919 to authorize an Intergovernmental Agreement with TriMet and Oregon Department of Transportation to contribute a match amount of $105,781 to fund the Barbur/OR-99W Corridor Safety & Access to Transit Project.
  1. Due to constructability challenges and cost overruns, two City Projects were removed from the scope of the Barbur/OR-99W Corridor Safety & Access to Transit Project. The remaining City Projects were constructed with budget overruns totaling $146,827.
  1. The City’s revised cost share for the constructed City Projects is $252,608 for local match and cost overruns.
     
  2. The Bureau's level of confidence in the cost estimates for this project is high. The City Projects have been constructed and TriMet has provided a summary of final project costs.

NOW, THEREFORE, the Council directs:

  1. That the Commissioner-in-Charge is hereby authorized to contribute match and overrun amount of $252,608 in funding for the Barbur/OR-99W Corridor Safety & Access to Transit Project and execute an amendment to an Intergovernmental Agreement in a form similar to the contract attached as Exhibit A to contribute match and overrun amount of $252,608 in funding for the Barbur/OR-99W Corridor Safety & Access to Transit Project.
  2. The Commissioner-in-Charge is authorized to execute amendments, approved as to form by the City Attorney, to the scope of the services or the terms and conditions of this Agreement, provided the changes do not increase the City’s financial risk. Increases to the IGA amount must be approved by the City 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

  • Amend an IGA with TriMet (contract number 30005514) to reduce scope of the Barbur/OR-99W Corridor safety and access to transit project due to cost over runs. The amendment will also finalize the cost share for the project that PBOT will pay to TriMet to include both the original local match and cost over runs associated with the project. In the original IGA, PBOT agreed to pay for cost over runs but a final amount had not been determined.

Financial and Budgetary Impacts

  • The total cost of the project prior to construction was estimated to be $1,030,000 and had over runs totaling $146,827, making the final project cost $1,176,827. The project was funded through an ODOT grant in the amount of $924,219 and a local match of $105,781.
     
  • The initial local match was attributed to SAP project T00462 and will be charged to T01380. The project will reimburse TriMet using the $101,662 remaining in the FOS ODOT leverage line item (T00648), plus $150,946 from GTR from the Rose Lane Project (T00974). This allocation was approved internally by the Bureau’s Capital Investment Committee (CIC) on March 16, 2023. Both funding sources are included in PBOT’s FY 23-24 Adopted Budget.
     
  • This ordinance is for an amendment to contract no. 3005514. The IGA specified a local match of $105,781. The IGA also stated in the City Responsibilities that all project overruns shall be reimbursed to TriMet. Project overruns totaled $146,827, and this amount has been specified in the amendment. This amount was determined in TriMet’s Final Summary of Project Costs, which was reviewed by PBOT staff.
     
  • The project budget will be updated in the Spring BMP to include the overrun charges and that the funds will be allocated from SAP project no.’s T00648 and T00974 to T01380.
     
  • This amendment also includes scope reduction, removing two of the four sites due to constructability and cost overruns.

Community Impacts and Community Involvement

N/A

100% Renewable Goal

N/A

Agenda Items

1036 Consent Agenda in December 13, 2023 Council Agenda

Passed to second reading

Passed to second reading December 20, 2023 at 9:30 a.m.

1062 Consent Agenda in December 20, 2023 Council Agenda

Passed

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

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date