ORDINANCE No. 179871

*Amend contract with Stacy and Witbeck, Inc. for the construction of the trackslab, track drains and other minor civil elements on a segment of SW Moody and SW Bond Avenues between SW Gibbs and SW Lane Streets (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. Revenue service on the RiverPlace Extension began on March 11, 2005.

4.  On December 22, 2004, Council passed Ordinance No. 179006 authorizing an amendment to Contract No. 35163 with SWI for construction of the Phase 3b project to SW Gibbs. The Gibbs Extension will open in the summer of 2006.

5.  Independent of the SWI contract for construction of the Phase 3a, 3b and 3c Streetcar projects, Council passed ordinance No. 178434 on May 26, 2004, awarding SWI a contract for construction of certain street improvements in the South Waterfront Central District, including improvements on SW Moody and SW Bond Avenues between SW Gibbs and SW Lane Streets.

6.  An opportunity exists to coordinate the construction of the trackslab and track drains with the South Waterfront Central District street improvements on SW Moody and SW Bond Avenues. This will result in construction cost savings, estimated to be between $300,000 and $400,000, and will cause less disruption for residents and workers in the Central District.

7.  On September 14, 2005, the Portland Streetcar, Inc. Board of Directors adopted Resolution 05-15 recommending that the City move forward immediately with an initial phase of the Phase 3c project enabling Streetcar trackslab and track drains to be constructed in conjunction with the South Waterfront Central District street improvements now under construction.

8.  The City and SWI have negotiated an acceptable construction cost proposal of $1,410,291.37 for construction of the trackslab and track drains on SW Moody and SW Bond Avenues between SW Gibbs and SW Lane Streets.

9.  Funds are available in the Transportation Operating Fund, AU 159.

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 $1,410,291.37, 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 $70,000, 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 the Contractor has scheduled the final paving lift in mid-November before wet weather sets in and the track elements must be constructed at that time; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, January 11, 2006

 GARY BLACKMER

 Auditor of the City of Portland

 By /S/ Susan Parsons

Commissioner Sam Adams  

Vicky Diede:slg                

October 26, 2005                  Deputy      

BACKING SHEET INFORMATION

AGENDA NOS. 1366, 1424, 1492, 1539, 1571, 1610-2005,

27-2006 47-2006

ACTIONS TAKEN:

NOVEMBER 09, 2005 REFERRED TO COMMISSIONER OF PUBLIC UTILITIES

NOVEMBER 23, 2005 CONTINUED TO NOVEMBER 30, 2005 9:30 AM

NOVEMBER 30, 2005 CONTINUED TO DECEMBER 07, 2005 9:30 AM

DECEMBER 07, 2005 CONTINUED TO DECEMBER 14, 2005 9:30 AM

DECEMBER 14, 2005 CONTINUED TO DECEMBER 21, 2005 9:30 AM

DECEMBER 21, 2005 CONTINUED TO JANUARY 04, 2006 9:30 AM

JANUARY 04, 2006 CONTINUED TO JANUARY 11, 2006 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179871