*Amend Intergovernmental Agreement between TriMet and the City for the Division Transit Project for Construction and Close-Out Services (amend Contract No. 30006859)

The City of Portland ordains: Section 1. The Council finds: On December 7, 2016, the Portland City Council approved Resolution No. 37254 adopting the Locally Preferred Alternative for the Powell Division Corridor Project and conditions of approval. The Locally Preferred Alternative was unanimously approved by the City of Gresham, Metro Council, the Multnomah County Commission and the TriMet Board of Directors. Powell-Division Corridor Project leadership was transferred from Metro to TriMet on December 20, 2016. The name of the Project was subsequently changed to the Division Transit Project (“Project”) to reflect the preferred alignment. On August 15, 2018, City Council approved Ordinance No. 189116 authorizing execution of a financing agreement with TriMet to provide a portion of the total local match funding as required by the FTA. On April 17, 2019, City Council approved Ordinance No. 189463 authorizing execution of an Intergovernmental Agreement (IGA) for design and construction services for the Project and accepting a grant of $2 million from TriMet. The IGA documents understandings and agreements relating to services being provided between TriMet and the City. City of Portland staff time expended on the Project for Preliminary Engineering up to completion of 30% design drawings has been provided via in-kind match. On December 19, 2019, City Council approved Resolution No. 37471 accepting the Building Healthy Connected Communities Along the Division Transit Corridor Report and accepted a status report on the progress toward items listed in the Division Transit Project Locally Preferred Alternative Conditions of Approval including an update on project final design and construction approach. On September 16, 2020, City Council approved Ordinance No. 190120 authorizing an Amendment to the IGA for design and construction services. As is typical for major regional transit projects over multiple years of delivery, scope of work is defined as the project progresses from each major milestone. The Amendment modified total authorized services from $2,000,000 to $5,165,159. Now, with 90% of Project construction complete, it is appropriate to amend the IGA again to reflect right-of-way construction work and support and additional services including transit signal priority coordination and implementation provided by City staff to support successful Project delivery. The Project schedule is included as Exhibit A. Final design was complete in December 2019 with construction currently underway. Completion of the project is projected for September 2022. The Portland Bureau of Transportation (PBOT) serves as the City’s lead on the Project, with other City bureaus, including but not limited to, the bureaus of Environmental Services, Planning and Sustainability, Water, and Parks and Recreation contributing professional expertise. The City has a duty to the general public to provide safe and convenient streets and to protect itself from unreasonable financial burdens imposed by TriMet's use of the streets. The Parties desire to enter into this Agreement to document each Party's understandings and agreements relating to services provided during the design, construction, testing and start-up, and close-out phases of the Project. The Parties understand that this Agreement has provided a starting point for modifications or amendments that better define each Parties services related to construction and start-up, and close out phases of the Project as more details are known. Upon completion of Project construction, the Parties plan to enter into a Project maintenance agreement that will detail each Party’s obligations with respect to maintenance of the facilities. The Bureau’s level of confidence in the cost estimate for this project is high. It is typical of major transit projects to require multiple amendments to staff services agreements between the parties over the lifetime of the project and at milestone stages as scopes become more clear. As project specifics become clearer or change, additional services will be negotiated and may need to be added. It is possible that there may be future amendments to the Agreement. NOW, THEREFORE, the Council directs: That the Commissioner-in-Charge is hereby authorized to accept on behalf of the City of Portland an amendment to the grant from TriMet for the Division Transit Project whereby the total grant is increased from $6,168,743 to $6,805,707. The Commissioner-in-Charge is hereby authorized to execute an increase to the IGA for the Division Transit Project in the amount of $636,964 in a form similar to Exhibit A. 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 by 20% or greater. 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 Intergovernmental Agreement; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.