*Authorize a No-Cost Intergovernmental Agreement between Bureau of Environmental Services and Port of Portland to use soils from the Secondary Treatment Expansion Program on Port of Portland property

The City of Portland ordains: Section 1. The Council finds: As part of the Secondary Treatment Expansion Program (STEP), the Bureau of Environmental Services (BES) is currently constructing new deep secondary clarifiers at the Columbia Boulevard Wastewater Treatment Plant. The construction of the clarifiers is mandated by a Mutual Agreement and Order signed between the City and the Department of Environmental Quality on May 25, 2011. The project is implemented using a Construction Manager/General Contractor (CM/GC) method, requested by Council on October 4, 2017, where the City has entered in the first Guaranteed Maximum Price Agreement (“GMP1”), as reported to Council on October 21,2020, to the amount of $79,607,637. Significant excavation and ground improvements are necessary to do the work, generating up to 121,000 cubic yards (cy) of material. About 10,000 cy will be extracted from the project site between September 2021 and October 31, 2021. The Port of Portland owns and is developing real property in Portland which require soil imports and contains a permitted stockpile. In this first phase, the Port of Portland is willing to accept approximately 10,000 cy of the excavated soil for placement on its soil stockpile, subject to certain limitations and conditions as outlined in the Intergovernmental Agreement attached as Exhibit A to this Ordinance. There are no costs to the City related to this agreement. Savings of $670,000 are realized on project E07947 due to this Agreement. NOW, THEREFORE, the Council directs: That the BES Director is authorized to execute on behalf of the City an Intergovernmental Agreement with the Port of Portland for no cost disposal of soils, in accordance with Agreement attached as Exhibit A. The Intergovernmental Agreement authorized by this Ordinance is subject to approval as to form by the City Attorney's Office. Section 2. The Council declares that an emergency exists because a delay to the agreement would require disposal of excavated soils in a landfill due the lack of stockpiling area on site and the need to maintain the construction schedule to meet the regulatory deadline; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.