ORDINANCE NO. 177027

Amend contract with Montgomery Watson Harza to extend the contract term through May 31, 2003 and increase the contract amount by $18,000 for the Powell Butte Master Plan (Ordinance; amend Contract No. 29987)

The City of Portland ordains:

Section 1. The Council finds:

1.  Ordinance No. 169008 approved by Council June 28, 1995, authorized Contract No. 29987 with Montgomery Watson Americas, Inc., now Montgomery Watson Harza, to provide professional engineering and planning services to develop a master plan for future water and park facilities on Powell Butte. Amendments to the contract authorized the preparation and submittal of a Conditional Use Master Plan and various services necessary to develop that plan.

2.  The Conditional Use Master Plan (CUMP) was approved with conditions in June of 2002. The CUMP was subsequently appealed to the City Council and potential for an appeal to LUBA continues. The approval conditions and appeals require additional minor services from contractor that are not currently provided in the existing contract or within the contract’s completion date.

3.  The Water Bureau desires to complete the work referred to in Paragraph 2. This requires a contract amendment to extend the completion date to May 31, 2003, and appropriate related tasks and fee adjustments. This amendment has been negotiated at a cost not to exceed $18,000.

4.  City Charter Section 2-105(a)(3) provides that non-property contracts shall not exceed five (5) years unless extended or renewed by City Council for up to an additional five (5) years. The initial five (5) year period for this contract expired June 30, 2000.

5.  Any applicable provisions of PCC Section 5.68 must be waived for this contract and extension.

6.  Funds will be made available for this amendment via a transfer within the Water Bureau’s FY 2002-03 Budget.

NOW, THEREFORE, The Council directs:

a.  That the Commissioner of Public Affairs and Auditor are authorized to execute on behalf of the City an amendment to contract 29987 with Montgomery Watson Americas, Inc., now Montgomery Watson Harza, increasing the total contract amount by $18,000 (to a total of $1,115,72,321) and to extend the contract term to May 31, 2003.

b.  The mayor and the Auditor hereby are authorized to drew and deliver warrants chargeable to the FY 2002-03 budget, Water Fund, Bureau of Water Works, Center Code No. 18089953, Project 3070, Account 521000 when demand is presented and approved by the proper authorities. A transfer within the Water Bureau FY 2002-03 Budget will make funds available.

c.  A contract shall be considered amended upon the acceptance of its terms in writing by Montgomery Watson Harza and the City on a form approved by the City Attorney as shown in Attachment A.

d.  Any applicable provisions of PCC Section 5.68 are hereby waived for this contract and extension.

Robert F. Willis:RFW

October 2, 2002

BACKING SHEET INFORMATION

AGENDA NO. 1270, 1317-2002

ACTION TAKEN:

OCT 23 2002 PASSED TO SECOND READING OCT 30 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177027