Authorize Intergovernmental Agreement in amount not to exceed $446,500 with Oregon Department of Transportation to design water system modifications for the US 26 SE 99th Ave – East City Limits Project

The City of Portland ordains: Section 1. The Council finds: The City recognizes that the Oregon Department of Transportation (ODOT) will design and construct right of way (ROW) improvements in US 26 (Powell Blvd) from SE 99 th Ave to SE 174 th Avenue. The concept phase ended in June of 2021, design phase will end in December of 2023, and construction will begin in the Spring of 2024. The improvements will increase safety for all modes of transit in the project area and will include sidewalks, multi-use paths, separated bike paths, pedestrian crossings, bus pullouts, and traffic safety enhancements. The ROW improvements along US 26 will have direct impacts to the existing Portland Water Bureau water distribution system which require replacing approximately 15,000 feet of water main. The Portland Water Bureau has reviewed the scope of work and design schedule and determined that there are not enough resources available for Portland Water Bureau staff to perform concept and design work for the water system modifications to meet the deadlines set by ODOT. The Portland Water Bureau and ODOT collaborated on how to complete the concept and design phases of the water line modifications within the time allowed. The solution agreed to by both parties is to add these phases of the water line work to the ODOT design contract with HDR, Inc. for the ROW improvements. Adding the water line design into the ODOT design contract will benefit both parties by allowing more efficient coordination between the ROW improvements and the water system modifications. Costs for the concept phase were split according to Memorandum of Understanding No. 34265 between ODOT and the Portland Water Bureau, attached for reference as Exhibit B. The not-to-exceed value of the Intergovernmental Agreement (Agreement) is $446,500. ODOT will be paid $126,500 upon execution of the Agreement for the concept phase. Final costs for the design phase will be reconciled at the end of design and final payment up to $320,000 will be paid within 90 days of the bid letting. Funding for the services is available in the FY 2021-22 Budget and will be requested in the FY 2022-23 Budget. NOW, THEREFORE, the Council directs: That the Portland Water Bureau Director is authorized to execute on behalf of the City an Agreement with the Oregon Department of Transportation to prove concept and design services in a form substantially in accordance with the Agreement attached as Exhibit A. Upon receipt of a fully executed copy of the Agreement the Portland Water Bureau is authorized to pay ODOT $126,500 for the Concept Phase. Final costs for the design phase will be reconciled at the end of design and final payment up to $320,000 will authorized and paid to ODOT within 90 days of the bid letting. That the Portland Water Bureau Director is authorized to execute amendments to the Agreement if approved by the City Attorney’s Office not exceeding twenty-five percent of the total compensation of the Agreement. The Mayor and Auditor are hereby authorized to draw and deliver checks chargeable to the Water Fund when demand is presented and approved by the proper authorities.