ORDINANCE No. 179063

* Authorize contract with the Oregon Department of Environmental Quality for consultation work related to the Portland Streetcar Gibbs Extension Project (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On December 22, 2004, the City Council adopted Resolution No. 36280 adopting the final capital finance plan for the Portland Streetcar Gibbs Extension Project (Project).

2.  On December 22, 2004, Council passed Ordinance No. 179006 amending Contract No. 35163 with Stacy and Witbeck, Inc. for construction of the Project, which consists of an 0.6 mile extension on a single streetcar-only paved track in a southbound lane on SW Moody Avenue between SW River Parkway and SW Sheridan Street and a single open tie and ballast track in the Willamette Shore Rail Right of Way just west of SW Moody Avenue between SW Sheridan and SW Gibbs Streets.

3.  The Portland Office of Transportation (PDOT) desires the Oregon Department of Environmental Quality (DEQ) to provide site specific technical consultation work related to the excavation and reuse of soils within the limits of the Project where open tie and ballast track is to be constructed.

4.  DEQ has agreed to provide these services and PDOT is required to provide a deposit of $1500 and to pay DEQ’s consultation costs, which include direct and indirect costs. These review costs will include only the reasonable costs recoverable by DEQ under ORS 465.255.

NOW, THEREFORE, the Council directs:

a.  The Director of the Office of Transportation and the Auditor are hereby authorized to execute the agreement with the Oregon Department of Environmental Quality by way of signing the letter attached to the original of this Ordinance and, by reference, made a part hereof.

b.  The Mayor and Auditor are hereby authorized to draw and deliver a check payable to the Oregon Department of Environmental Quality in the amount of $1500, as well as any other needed checks to compensate DEQ for their work called for in the agreement that exceeds the initial deposit, chargeable to the Transportation Fund, AU 159.

Section 2. The Council declares that an emergency exists because a delay in executing the agreement will result in a delay to the planned construction activities called for in the construction schedule, which could result in increased costs to the project; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, February 16, 2005

GARY BLACKMER

Mayor Tom Potter  AUDITOR OF THE CITY OF PORTLAND

Vicky L Diede:slg  BY /S/ Susan Parsons

January 26, 2005                  

deqL-ICP-LtrAgrmnt-GibbsStCar-ORD.doc                                          DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 108-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179063