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Council approves $229,000 amendment to engineering contract to finish delayed Lions Park project

2160089 · January 29, 2025
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Summary

Facing contractor delays and near-exhausted contingencies, College Place authorized an amendment of $229,000 to Anderson Perry & Associates' contract to provide extended on-site inspection and construction administration so the Lions Park project can be completed; council members said the city will seek to recoup costs from the contractor.

The College Place City Council on Jan. 28 authorized Amendment No. 5 to the professional-services agreement with Anderson Perry & Associates for an additional $229,000 to extend on-site inspection and construction administration at Lions Park.

City staff told the council the park project has slowed and is now projected to reach substantial completion around April 1. Staff cited limited contractor manpower, inconsistent contractor leadership and late-season weather as primary causes of delay. Nelson Construction, the general contractor, has had an Anderson Perry inspector onsite whenever Nelson worked; the amendment covers an estimated additional three-and-a-half months of inspection and administrative work.

Council members pressed staff on responsibility for the extra cost. Public comments from councilors said much of the schedule slip resulted from contractor performance; staff and the city attorney said discussions with the contractor are ongoing, including consideration of liquidated damages under the construction contract. City staff described the council's priority as finishing the project and then pursuing recovery where contract terms permit.

Council members and staff discussed the project's financial position. Project contingencies were originally conservative (city started with a 5% contingency rather than the more common 10%). Staff reported the project has consumed much of its current allocation and that an additional 5% contingency (roughly $300,000) was expected to be requested separately; that contingency request was not on the published agenda because of BoardDocs issues and will be returned to the council for approval.

Contractor-management concerns drew repeated questions from council members about whether the city would be able to recoup costs. City staff and legal counsel said they were evaluating claims of additional costs and that documentation from Anderson Perry and the city's project inspector will be used to support any claims for damages or setoffs against contract payments to the contractor.

The council voted to authorize the city administrator to sign the amendment to Anderson Perry's agreement so inspection and contract administration can continue and the park can be completed.