ORDINANCE No. 179006

*Amend contract with Stacy and Witbeck, Inc. for construction of the Portland Streetcar Gibbs Extension Project. (Ordinance; amend Contract No. 35163)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On July 23, 2003, the 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 construction of the Portland Streetcar Project from Portland State University to the South Waterfront area, to be built in three phases.

2.  After a competitive process Stacy and Witbeck, Inc. (SWI) was selected to provide pre-construction and construction services for extensions of Portland Streetcar from Portland State University to RiverPlace (Phase 3a), from RiverPlace to SW Gibbs Street (Phase 3b) and from SW Gibbs Street to SW Bancroft Street (Phase 3c).

3.  On January 21, 2004, Council passed Ordinance No. 178155 authorizing Contract No. 35163 with SWI for construction of the Phase 3a project, the Portland Streetcar RiverPlace Extension.

4.  On August 4, 2004, Council adopted Resolution No. 36241, which adopted the alignment for the Phase 3b project, the Portland Streetcar Gibbs Extension Project (Project) and recognized the benefits of accelerating the construction of the Project in order to realize significant savings.

5.  On August 4, 2004, Council passed Ordinance No. 178654 amending Agreement No. 31428 with Portland Streetcar, Inc. (PSI) to provide for completion of design services for the Project.

6.  On December 8, 2004, Council passed Ordinance No. 178948, as amended, creating the Portland Streetcar Gibbs Extension Local Improvement District and passed Ordinance No. 178949 amending Agreement No. 51529 with TriMet for financial support of the operations of the Project.

7.  On December 15, 2004, Council is expected to adopt the Final Capital Plan for the Project.

8.  On December 15, 2004, Council is expected to approve an Intergovernmental Agreement with TriMet for the provision of $10.0 million in MTIP allocated to the Project by Metro.

9.  On December 15, 2004, Council is expected to approve a temporary loan from the Sewer Rate Stabilization Fund to the Transportation Operating Fund to provide interim financing until the $10.0 million in MTIP funds is received from TriMet, expected in mid 2005.

10.  The City and SWI have negotiated an acceptable construction cost proposal of $3,618,954.50 for construction of trackway, stop, utility relocations, street work, traffic and train signals and other civil improvements for the Project.

11.  Funds are available in the Transportation Operating Fund, AU 159, Center Code 15942754, Project Number 37401.

NOW, THEREFORE, the Council directs:

a.  The Commissioner of Public Utilities and the Auditor are hereby authorized to execute an amendment to Contract No. 35163 with Stacy and Witbeck, Inc. in the amount of $3,619,954.50 substantially in accordance with the amendment attached to the original of this Ordinance and, by reference, made a part hereof.

b.  The City’s Project Manager is authorized to approve an increase in the contract amount not to exceed $169,428, 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. 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 compensation in the amendment.

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

Section 2. The Council declares that an emergency exists because a delay in executing the amendment 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, December 22, 2004

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Vicky L Diede:slg  BY /S/ Susan Parsons

December 15, 2004                  

SWI AM#3 Final-ORD.doc                                            DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1509-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179006