*Amend contract with Corpac Construction Company in the amount of $328,786 for construction of the NW 20th Ave Local Improvement District project (amend Contract No. 30006462; C-10049)

The City of Portland ordains: Section 1. The Council finds: Procurement Services opened bids on June 5, 2018 for construction of work on the NW 20th Avenue Local Improvement District. Corpac Construction Company (hereafter “Corpac”) was the lowest responsive bidder with its bid of $4,012,488. Council approved acceptance of Bid No. 00000894 on July 18, 2018. The City executed Contract No. 30006462 with Corpac on August 20, 2018 with an original contract amount of $4,012,488. A Notice to Proceed was issued by the City Engineer on September 18, 2018 with an original contract completion date of March 17, 2019 based on a contract period of 180 calendar days. Change Orders No. 1 through 11 were previously approved under authority delegated by Council in the combined amount of $969,640 for items of work completed for the NW 20th Avenue Local Improvement District. Substantial completion was achieved by Corpac on March 9, 2020. The current contract amount is $4,982,128 which is a 24.2% increase to the original contract amount. The City Attorney's Office participated in a mediation session on August 25, 2021 with Corpac and its counsel. The proposed Change Order No. 12 in the amount of $328,785 will implement the terms of the parties agreed to during mediation to resolve all remaining contractual claims and close out the contract. Adequate retainage has been withheld in the current contract amount to ensure that remaining “punch list” items of construction are completed prior to release of retainage. Change Order No. 12 for the NW 20th Avenue LID in the amount of $328,785 exceeds the delegated 25% change order authority referenced in Finding No. 6 and therefore requires City Council approval and is attached as Exhibit A. The City will avoid potential costs of litigation with Council approval of Change Order No. 12. No additional construction contract contingency is being requested nor is authorized by this Ordinance. The Bureau's level of confidence in the cost estimates for this project is “High” per Exhibit A of Resolution No. 36430 adopted by City Council on July 26, 2006 because approval of this change order enables a certificate of completion to be issued for this project. NOW, THEREFORE, the Council directs: The City Engineer is hereby authorized to increase the price of Contract No. 30006462 with Corpac substantially in conformance with Change Order No. 12, attached as Exhibit A, in the amount of $328,785 for a final total contract amount of $5,310,913. The Mayor and the City Auditor are authorized to draw and deliver checks chargeable to the FY21-22 Budget of the Portland Bureau of Transportation when demand is presented and authorized by the proper authorities The Chief Procurement Officer is authorized to make final payment of the contract provided that the final contract amount is equal to or less than $5,310,913. Section 2. The Council declares that an emergency exists to avoid an additional 30-day delay in making final payment to Corpac following recent completion of mediation ; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.