INTERGOVERNMENTAL AGREEMENT
Between
Metropolitan Regional Government
And
Portland Bureau of Environmental Services
For the
Oregon Pacific Railroad Realignment Project
EXHIBIT B
SCOPE OF WORK
The City of Portland Bureau of Environmental Services (BES) and Metro Regional Government (Metro) will collaborate to prepare the groundwork for the Sellwood Section of the Springwater Trail. Metro will record a permanent sewer easement and administer a contract for the construction of the realignment of the Oregon Pacific Railroad Company (OPRC).
Background:
BES Combined Sewer Overflows (CSO)
The City of Portland BES Capital Improvement Program includes an interceptor sewer project along the OPRC that, when complete, will help control CSOs to the Willamette River. Oregon DEQ, the promulgating agency for the Federal Clean Water Act, has issued the City an order (Amended Stipulation Final Order) to complete the construction of all CSO projects by December 2011.
Sellwood Interceptor
The alignment of Sellwood (sewer) Interceptor Sewer Project, is parallel to the OPRC railroad tracks, and is coincident with a section of the future Springwater “Gap” Trail. Construction of approximately 1500 feet of sewer pipeline along the tracks will eliminate 8 CSO diversion structures. At its current location -along a steep embankment and under stands of mature trees- portions of the interceptor are inaccessible, making maintenance and improvements both risky and expensive. A new sewer pipeline along portions of the existing railroad is a preferred alternative because is both less expensive to construct and more efficient to operate and maintain in the future.
Portland Parks and Recreation (PPR)-Metro Springwater Trail
Metro and PPR have completed a Springwater Trail Pre-design (Springwater Missing Gap, Metro-Alta Planning, June 2006). This design also requires re-alignment of the railroad tracks. BES and PPR reviewed this alignment and determined that shifting the tracks provides sufficient space for both the interceptor sewer and the Sellwood Section of the Springwater “Gap” Trail.
The three parties, Metro, PPR and BES, have agreed that it is prudent to construct the realignment of the OPRC railroad, the interceptor sewer, and lay ground work for the Sellwood Section trail construction at the same time.
Key Benefits:
➢ Reduced Capital Cost
➢ Expedited Construction Schedule
➢ Completion of Sellwood Section Grading
➢ Lower Future Sewer Maintenance Cost and Risk
➢ Fulfillment of Portland's Clean River Plan
➢ Clean Water Act Regulatory Compliance
Scope of Work
Project Management
Work includes managing project tasks to ensure completion of project objectives. Project managers from each agency will collaborate to maintain a schedule of tasks as they relate to each agency’s principal responsibilities. Work includes periodic exchange of information about work in progress, current schedule and unforeseen work and changes to budget.
Railroad Plans, Maintenance Road Plans, and Easement Record Documents
Work includes preparing hard copy railroad and maintenance road plans that illustrate the existing and future railroad alignment over existing land base feature, e.g., roads, property lines, and utilities. The plans will be drawn to scale and be annotated with dimensions suitable for survey staking.
The railroad plans will illustrate existing and proposed horizontal alignment of the tracks. Elevation and super-elevation of the tracks will be the responsibility of OPRC. The Contract between Metro and OPRC will require that OPRC coordinate rail elevation and super-elevation with the BES Project Manager, prior to construction.
Railroad Realignment Construction Services
Work includes securing a binding contract with the OPRC for the realignment of its railroad according to the plans. Prior to construction, the plans shall be reviewed by all parties and checked for accuracy and construction feasibility.
Work includes construction scheduling and daily coordination among all contractors and city crews working in the vicinity of the project. In particular, traffic control and pavement restoration services provided by the City, shall be scheduled at least three weeks in advance of any work within the improved portions of Umatilla and Harney Streets.
Changes or adjustments to the elevation of the future railroad tracks shown on the plans shall be coordinated among OPRC and City agencies including, but not limited to PDOT, BES, and BOM. Coordination of rail elevation information is paramount to ensure that pavement grades are smooth over the interim grade, and, that final grade of rails and pavement are equal and meet the ODOT Rail Order specifications.
Work includes re-alignment of the OPRC railroad to the location shown on the drawings and as approved by all parties. Re-alignment construction sequence and schedule will be provided by OPRC and conveyed to the City. The construction elements will include: preconstruction survey, clearing and grubbing, initial grading and excavation, track construction, and pavement restoration.
Contracts
The Metro-OPRC Contract shall describe the construction work and schedule for payment. Payment shall be full compensation for all materials, labor and equipment necessary to complete the track re-alignment work. The Contract shall hold Metro and the City harmless for any error or omissions in the drawings reviewed and approved by OPRC.
Permits
A street opening permit from the City, and a railroad Grade Crossing Order from ODOT Rail, are required for this project.
A City street opening permit is required prior to any pavement disturbing activities along City streets. This includes pavement work to accommodate interim rail work though final grading. The street opening permit will cover work necessary to establish the initial railroad track shift and placement of temporary pavement over the construction zone. Temporary pavement will be placed by City crews. The street opening permit will also cover the final phase of rail realignment construction including re-construction of the Umatilla and Harney Street intersections. The Contract between Metro and OPRC shall include interagency coordination between OPRC and City crews and its contractors, as either party works within the public rights-of-way during any phase of work.
The Grade Crossing Order is required before the new rail alignment can be made active. The Contract between Metro and OPRC shall include interagency coordination between OPRC and City crews and its’ contractors while all transportation safety elements (e.g., signage) are installed to the satisfaction of the ODOT Rail authorities.
Easement Recording Services
A permanent sewer easement will be recorded at Multnomah County no later than January 1, 2009. Documents describing and illustrating the boundaries of the permanent easement will be reviewed and approved by the legal and rights of way office representatives of Metro and the City, respectively. The easement will be filed prior to construction of the BES sewer between SE Marion and SE Linn Streets.
Responsibilities and Deliverables
BES and Metro will collaborate on the management of the rail realignment project. Each project manager will monitor the scope of work, budget, and schedule of construction for all phases of rail work. Changes to the scope of work will be coordinated by the BES and Metro project managers, and when deemed necessary, approved by their respective agency directors. While this project is largely a collaborative effort, each agency is responsible for completion of specific tasks and deliverables. The Project Managers for this work are:
BES
BES Project Manager: Kurt Robinson
BES Principal Manager: Scott Gibson
Metro
Metro Project Manager: Mel Huie
Metro Principal Manager: Mary Anne Cassin
Both agencies shall share the following work items:
▪ Project scheduling
▪ Rail road construction work scheduling
▪ Communications with OPRC
▪ Management of project budget and schedule
▪ Review of Metro-OPRC contract
▪ Review of sewer easement description
▪ Public outreach services
▪ Legal review of contract and easement documents.
▪ Maintenance road alignment review (BES, Metro, and Alta Planning)
Each agency shall lead the following tasks and deliverables:
BES
▪ Preparation of horizontal railroad alignment and easement drawings
▪ Preparation of maintenance road drawings
▪ Property, topographic and utility survey services
▪ Street opening permits
▪ Traffic control services
▪ Pavement inspection services (through PDOT IGA)
▪ Review and approval of Metro expenses
▪ As-built survey of realigned railroad
Metro
▪ Preparation of Metro-OPRC contract
▪ OPRC cost tracking, invoicing and record keeping
▪ OPRC Realignment Contact Management (invoicing and payment)
▪ Metro staff labor and direct cost tracking and record keeping
▪ Sewer easement document preparation and recording
▪ Review of maintenance road construction drawings
▪ Fiscal year budget amendments
Project Schedule:
Task | Description | Start | End |
1 | Project Management | January 18, 2008 | December 31, 2009 |
2 | Prepare OPRC Contract | January 18, 2008 | January 18, 2008 |
3 | Prepare and File Sewer Easement | January 18, 2008 | January 2, 2009 |
4 | OPRC Notice to Proceed | January 21, 2008 | January 21, 2008 |
5 | Preconstruction Grading | January 21, 2008 | February 1, 2008 |
6 | Rail Re-alignment Construction | February 1, 2008 | March 1, 2008 |
7 | Sewer/Maintenance Road Construction | January 2, 2009 | December 31, 2009 |
8 | Conclusion of Construction | December 31, 2009 | December 31, 2009 |
Budget:
Total cost for construction of the realignment of the OPRC railroad tracks is estimated to be $215,000. Cost for Metro to perform project management and contract administration duties is estimated to be $15,000 for FY 2008. The estimated total value of this work is $230,000.
Amendments to current year fiscal budget shall be through the BES Capital Improvement Budget Adjustment Committee, while future year budgets shall be approved through the City’s annual budget process.
KJR/kjr