ORDINANCE No. 178155

*Authorize contract with Stacy and Witbeck, Inc. and provide for payment for construction of the Portland Streetcar RiverPlace Extension Project (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On July 9, 2003, the City Council passed Ordinance No. 177687, As Amended, authorizing Amendment No. 16 to Agreement No. 31428 with Portland Streetcar, Inc. (PSI) to provide services related to the selection of the General Contractor for the construction of the Portland Streetcar Project from Portland State University to the South Waterfront area (South Waterfront Project), to be built in three phases.

2.  On July 23, 2003, City Council passed Ordinance No. 177717 approving an alternative contracting process and creating an exemption to the competitive bidding requirements of ORS Chapter 279 for the selection of a General Contractor for the South Waterfront Project.

3.  The Bureau of Purchases advertised Request for Proposals #102328 for a General Contractor (RFP) in business publications, including newspapers of general circulation and minority publications, in Portland, Seattle, Denver, Salt Lake City, San Diego, San Jose, Sacramento and San Francisco.

4.  On October 9, 2003, two firms responded to the RFP and PSI appointed a Selection Committee comprised of representatives from the PSI Board, the Streetcar Citizens Advisory Committee, the Portland Development Commission, TriMet, the Portland Office of Transportation and others to evaluate the proposals and conduct interviews.

5.  The Selection Committee recommended that Stacy and Witbeck, Inc. (SWI) be selected as the General Contractor and on November 4, 2003, the PSI Board approved a resolution concurring with their recommendation.

6.  On October 15, 2003, City Council passed Ordinance No. 177973 authorizing an Intergovernmental Agreement with the Tri-County Metropolitan Transportation District of Oregon for financial support of the operations of the RiverPlace Extension Project (Phase 3a of the South Waterfront Project).

7.  On November 5, 2003, City Council adopted Resolution No. 36181, which among other things, adopted the capital budget and finance plan for the Phase 3a of the South Waterfront Project.

8.  On November 5, 2003, City Council passed Ordinance No. 178021 authorizing a Pre-Construction Services Contract with SWI for Phase 3a of the South Waterfront Project and SWI has successfully completed such services including value engineering resulting in refinements to final design plans and specifications and carrying out a subcontractor bidding process.

9.  The City and SWI have negotiated acceptable construction contract conditions and a
construction cost proposal of $9,911,069 for SWI to provide all machinery, tools, apparatus, materials, equipment, labor and other means of construction necessary to perform and complete the work in the manner specified and in accordance with the requirements of the Contract Documents filed with the Office of the City Auditor.

10.  On January 6, 2004, the Portland Streetcar, Inc. Board will consider and is expected to adopt Resolution 04-2 recommending that the Council award Stacy and Witbeck, Inc. the Portland Streetcar RiverPlace Extension Construction Contract.

11.  On January 14, 2004, the City Council will consider and is expected to concur with the Purchasing Agent’s Report recommending, among other things, that the City approve the Construction Contract with Stacy and Witbeck, Inc. for the Portland Streetcar RiverPlace Extension.

12.  Funds are available in the Transportation Operating Fund, AU 159, Center Code 15942642, Account Code 563000, Project Number 37335.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities and the City Auditor are hereby authorized to execute a Contract with Stacy and Witbeck, Inc. for the purpose described in Section 1, in the amount of $9,911,069.

b.  The City’s Project Manager is authorized to approve an increase in the contract amount for rail, street work, utility work, overhead electrical construction and other related items not to exceed $495,553, which represents 5% of the contract total that will be held in reserve as contingency for additional work due to changed conditions and/or additional work not contemplated in the Contract Documents. Additionally, the City’s Project Manager is authorized to agree to and execute, on behalf of the City, any other amendment, which does not increase the amount of the compensation in the Contract

c.  The Mayor and the Auditor are hereby authorized to draw and deliver checks payable to Stacy and Witbeck, Inc., chargeable to the Transportation Operating Fund, AU 159, Object Code 630.

Section 2. The Council declares that an emergency exists because a delay in executing this contract could adversely impact the schedule and the budget for the Project; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, January 21, 2004

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Vicky L Diede::slg  BY /S/ Susan Parsons

January 9, 2004                    

Const-Contr-Ord.doc                    DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 57-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178155