INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE HOUSING AUTHORITY OF PORTLAND AND PORTLAND TRANSPORTATION FOR
HOPE VI REDEVELOPMENT OF COLUMBIA VILLA
This Agreement dated, between the Housing Authority of Portland (HAP) and the Portland Transportation (PDOT),
RECITALS:
Whereas, the Housing Authority of Portland has owned and operated Columbia Villa as a low rent public housing project in North Portland’s Portsmouth Neighborhood for nearly 60 years, and
Whereas, there are serious deficiencies in design and continued deterioration of the physical conditions of Columbia Villa that must be addressed through redevelopment, and
Whereas, the Housing Authority of Portland’s HOPE VI grant application has been approved by HUD to redevelop the site as a mixed income community with a greater number of housing units, and to reconnect the site with the surrounding neighborhood, and
Whereas, the City has adopted Resolution No. 36001 supporting the New Columbia HOPE VI Grant, and
Whereas, the goal of the HOPE VI plan is to redevelop Columbia Villa replacing its private looped street system with a pedestrian-friendly, mixed-income, mixed-use neighborhood that is integrated into the Portsmouth neighborhood using the North Portland street grid, and
Whereas, PDOT has been successful in providing a full range of engineering and development services for housing projects such as the Rosemont Commons, and
Whereas, the Housing Authority of Portland wishes to contract with PDOT to perform all the necessary engineering and subdivision activities required to redevelop the public street system.
In consideration of the mutual benefits to be realized by the parties, HAP and the PDOT do mutually agree as follows:
AGREEMENT
1. Project Scope
This project scope is for the redevelopment of the public street system necessary to support the HOPE VI housing project. Recognizing the complexity of the proposed redevelopment project, the parties anticipate two phases to reach successful completion of the project scope:
Phase I – Preliminary Plat and Engineering of Public Streets
Phase II – Final Design and Construction of Public Infrastructure
Phase I activities by HAP include, but are not limited to, developing the final site layout, seeking all necessary HUD approvals for the site layout, explaining the proposed subdivision to City staff and the public, and managing community outreach and involvement.
Phase I activities by PDOT include advising HAP on the requirements for redeveloping the public street and infrastructure system as they relate to the proposed subdivision, participating in the community involvement process as needed, providing necessary technical and engineering support to develop maps of the proposed subdivision, coordination of the subdivision and vacation processes required to obtain land-use approvals, and preliminary engineering for public streets.
The attached Exhibit A provides a proposed schedule for Phase I activities.
The parties anticipate identifying specific activities, schedule and budget for Phase II prior to implementation of that phase. Upon mutual agreement of the detailed scope of work for Phase II, the parties will amend this Agreement to include their respective scopes of work.
2. Scope of Services
A. HAP shall perform the following services and provide the following information:
1. Define and manage the community outreach and involvement process to develop and evaluate housing and redevelopment recommendations and their traffic implications, with review and direction from a community advisory committee.
1.2. The community advisory committee will be convened by HAP and will include multiple community and agency stakeholders.
2. Manage and provide oversight of all HOPE VI Grant requirements and activities for work outside the proposed public right of ways, including the relocation of residents.
2.1. HAP will advise and direct PDOT on meeting HUD requirements; particularly those affecting work in the proposed public rights-of-way.
3. Disburse HOPE VI Grant funds for planning, engineering, and construction of public infrastructure improvements.
3.1 HAP will provide guidance to PDOT for the use of federal funds related to income guidelines, if applicable.
4. Provide a project architect as well as a building contractor to coordinate the building, design and construction of the new housing with the public infrastructure and utility improvement design and construction. (The costs for the services of the project architect and building contractor are not included in this agreement.)
5. HAP’s design team will provide the conceptual subdivision and lot layout for the HOPE VI project.
5.1 The conceptual subdivision and lot layout will include information necessary for PDOT staff to complete subdivision and street design.
6. HAP’s architect will prepare the subdivision application narrative and supporting concept maps necessary to apply for all land-use and subdivision approvals, with advice from PDOT.
7. Determine and provide HUD and HAP construction regulations and requirements as well as contracting aspirations and objectives by which PDOT will administer construction contracts.
8. Determine and provide a set of sustainable development standards for infrastructure, meeting or exceeding City requirements.
9. Attend and participate in meetings for the public and private infrastructure improvement team, and residential and commercial construction management teams.
10. Manage the overall project budget and schedule.
11. Review all submittals of street design plans and construction documents for consistency with the project grant requirements and budget.
12. Execute all necessary approvals and documents for street vacation, replatting the subdivision and all other required land-use approvals and permits associated with public improvements.
13. HAP will be responsible for the removal of all structures in the existing and proposed public rights-of-way, except for building foundations.
14. HAP will provide input for the process of determining PDOT’s construction contractor(s).
15. HAP desires that PDOT utilize Group AGB LLC in the role of PDOT Project and Construction Manager.
16 The HAP project manager is Ed McNamara.
B. PDOT shall perform the following services:
1. Manage the subdivision replat and street vacation processes by coordinating the timely submittal of all application materials and additional data necessary to obtain the required land-use decisions.
2. Provide survey and drafting services, including base map preparation, as well as proposed site layout and proposed subdivision maps. The latter two based on the concept designs prepared by HAP’s design team.
2.1 Provide all survey documents to HAP or its partners as needed for project related financing transactions.
3. Prepare all application and permit forms as necessary for subdivision replat, street vacation, and work within the public rights of way.
4. PDOT will provide input and participate in the process of determining the project architect and building contractor.
5. Coordinate design review and other implementation activities with City bureaus, HAP staff, and project architects.
6. Coordinate public and private utility development for the Property.
6.1 Establish a public and private infrastructure improvement team, as well as a residential and commercial construction management team. These teams may consist of representatives from Portland Department of Transportation (Transportation Planning, Civil Design, Traffic Design, Maintenance, Signals and Street Lighting, Development Services, Right of Way), Bureau of Environmental Services (Storm-water Design, Sanitary Design, and the BES Green Team), Office of Sustainable Development, Bureau of Water Works, Office of Planning and Development Review, Portland Parks and Recreation, Forestry Division, Fire, Police, Purchasing, and other agencies and utilities including but not limited to Tri Met, Port of Portland, Union Pacific Railroad, Portland General Electric, NW Natural, PacifiCorp, Qwest, ATT Broadband. This Agreement includes funding to pay for the participation of City staff in these teams.
7. Develop street standards for all public streets as a part of the subdivision replat of the site.
8. Provide preliminary design services for improvements in the public rights of way and public easements, including streets, driveway approaches, street trees, street lighting, signing, sidewalks, public utilities including storm-water mitigation, and water sevices, and coordination of private utilities.
8.1 All utilities, public and private, which will be extended within public right-of-way.
8.2 As approved by the City Engineer, design infrastructure to meet HAP’s sustainability goals.
9. Obtain a geo-technical analysis and report for the Property.
10. Obtain Level I Environmental Assessment for the Property.
12. Obtain a traffic study for the proposed redevelopment of the Property.
13. Prepare cost estimates and schedule for engineering of public improvements. Consult with HAP about how to breakdown costs for future allocations for financing purposes.
14. Prepare a schedule for obtaining construction permits for public infrastructure.
16. Prepare a preliminary construction schedule for public infrastructure.
16. Provide technical support for infrastructure development on the Property and its impact on housing.
17. Attend meetings as required for planning and community involvement.
18. The City will attempt to enter into a PTE contract with Group AGB, LLC to provide Project and Construction Management Services to meet the request of HAP.
19. PDOT will assign Kathryn Levine for assistance in project coordination and management services.
3. Compensation/Allowable Costs: HAP shall reimburse PDOT for direct and indirect costs of actual work performed under this agreement in an amount not to exceed $_945,000_______ for Phase I.
Direct Costs- Include personal services calculated at a base hourly wage, materials, services and benefit costs, which represents the average full benefit load attributable to city employees. Contracted services will be reimbursed at actual costs.
Indirect Costs- Reimbursement of overhead costs based upon an annual rate approved by the Commissioner in charge as allowed by City Code. The fiscal year 2002 rate is fixed at 40% of direct costs.
4. Billing and Payment Procedure: PDOT shall submit to HAP itemized invoices for payment in a form acceptable to HAP and in sufficient detail to determine the type and nature of the work performed, including number of hours, and the amount requested. Invoices for payment may be submitted quarterly or as determined reasonable by PDOT, but not more often than monthly. HAP shall maintain records of all payments, which shall be subject to inspection by authorized representatives of PDOT. PDOT shall maintain records of all billings, which shall be subject to inspection by authorized representatives of HAP.
HAP shall submit payment, payable to the Portland Transportation, at 1120 SW Fifth Avenue, Room 800, Portland OR 97204, Attention: Kathryn Levine within 60 -days receipt of an invoice.
5. Funding: HAP is source and manager of funds for this agreement. Some or all of the funds will be provided from the HOPE VI grant from the US Department of Housing and Urban Development
Of the total compensation listed in 3. above, approximately 20% of the total is defined as contingency dollars. PDOT shall request HAP’s approval in advance and in writing for expenditures of contingency funds. Requests shall include the reason for the request and a detailed use of the funds. HAP will respond within 30 days. No uses of contingency will be authorized within HAP’s written approval, which approval shall not be unreasonably withheld.
6. Construction Funding: The parties recognize that a construction cost estimate has not yet been agreed upon. It is the intent of both parties to amend this Agreement once a construction cost for the public improvements covered under this agreement has been established and accepted. Construction costs may include survey, final plat and permit fees, final design and engineering for street and utilities, project management, inspection services, and actual construction costs. The amendment will include a guaranteed maximum cost for street construction. PDOT and HAP agree to work together to ensure that the construction costs will be no greater than what HAP would reasonably expect to pay if it were to contract for such construction on its own or through a general contractor. PDOT will make every effort to ensure that the total costs of the work – including permits, fees, inspection, etc. – will represent a savings to HAP.
The contracts for construction executed by PDOT will contain schedules for completion and provisions for liquidated damages for exceeding the agreed-upon schedules. Payment of liquidated damages, if any, will be made to HAP.
7. Contracting: PDOT will follow the City Purchasing Manual requirements for Professional, Technical, and Engineering (PTE) contracts, except for contracting with Group AGB, LLC. PDOT intends to use, where possible, its flexible services contracts if there is a need to obtain specialty technical and engineering services not available within PDOT. Construction contracts will be governed by the City Purchasing system as well as the requirements of 2.A.7 above.
As noted in Section 2.A.7 above, HAP will provide contracting objectives and aspirations by which PDOT will attempt to administer construction contracts.
8. Compliance with Laws: In connection with its activities under this agreement, the parties shall comply with all applicable federal, state, and local laws and regulations.
9. Indemnity: To the limits of the Oregon Tort Claims Act, PDOT will be responsible for any claims, demands, actions or suits arising from its work or any subcontractor performing PDOT’s work under this agreement. HAP will be responsible for any claims, actions, or suits arising from the HAP’s work or any subcontractor performing the HAP’s work under this agreement.
10. Mediation: In the event a dispute arises concerning this agreement, PDOT and HAP agree that the dispute shall initially be submitted to mediation. The mediator will be selected by mutual agreement, and will be compensated equally by both parties. If the parties fail to agree on a mediator within ten days of notice by either party of a request for mediation, a mediator shall be appointed by the presiding judge of the Multnomah County Circuit Court upon the request of either party.
11. Notices: All notices required or desired to be given under this agreement shall be in writing, and may be delivered by personal delivery or by deposit in the United States mail, postage prepaid, as certified mail, return receipt requested, and addressed as follows: Ed McNamara, Housing Authority of Portland, 135 SW Ash Street, Portland Oregon 97204-3540 and Kathryn Levine, Bureau of Transportation Engineering and Development, 1120 SW Fifth Avenue, Rm 800, Portland, OR 97204
Any notice delivered by personal delivery shall be deemed received by the addressee upon actual delivery, any notice delivered by mail shall be deemed received by the addressee on the third business day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision.
12. Termination: This agreement may be terminated at any time by mutual written consent. Either party, with thirty (30) days written notice may terminate this agreement where the public interest requires work to cease.
In the event of early termination of this agreement, the work shall cease promptly, and a final billing request submitted in 90-days of the effective date of termination. In the event of termination, eligible costs incurred through the date of the agreement’s termination will be reimbursed.
13. Effective Date of Agreement: This agreement shall be effective when signed by both parties, and will terminate, June 30, 2003, unless amended.
14. Amendment to Agreement: PDOT or HAP may amend this Agreement only in writing and by mutual consent. Changes in the work scope, schedule, allocation of contingency budget (if any) and modification to task budgets may be made upon written agreement by the project managers of PDOT and HAP provided the maximum funding level of the agreement is not exceeded. Other changes to the agreement, including any change in the authorized funding level, shall be made in writing and may be made by the Director of the Housing Authority of Portland and the City Engineer.
IN WITNESS WHEREOF, the City of Portland, through Portland Transportation, and the Housing Authority of Portland has executed this Agreement as of the date first written above.
CITY OF PORTLAND
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Vic Rhodes
Portland Office of Transportation
Date:___________________
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Charlie Hales, Commissioner
City of Portland
APPROVED AS TO FORM:
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Linda Meng, City Attorney
HOUSING AUTHORITY OF PORTLAND
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Steve Rudman, Director
_____________________________
Chair, Board of the Housing Authority of Portland
Date:________________________
APPROVED AS TO FORM:
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Legal Counsel