Should Portland approve findings to authorize exemption to the competitive bidding requirements and authorize competitive solicitation for the use of the alternative…

The City of Portland ordains.Section 1. The Council finds:The Portland Bureau of Transportation applied to the Federal Bridge Investment Program for a grant in the amount of $13,895,277 for the Burgard Bridge Resiliency and Multimodal Enhancement Project on September of 2022; and In May of 2023, the Federal Highway Administration (FHWA) notified the City of Portland of the award of the grant for the Burgard Bridge Resiliency and Multimodal Enhancement Project to the Portland Bureau of Transportation in the amount of $13,895,277; On March 13th, 2024, the Council approved Ordinance #191654 approving an Intergovernmental Agreement with the Oregon Department of Transportation for the Burgard Bridge Resiliency and Multimodal Enhancement Project. The Portland Bureau of Transportation matched the grant with an additional $3,473,819 from the Heavy Vehicle Use Tax (HVUT). Procurement Services and the Portland Bureau of Transportation recommend that the alternative contracting method of Construction Manager/General Contractor (CM/GC) be used in lieu of the low bid competitive bidding process. The successful contractor will provide input during the design process for value engineering and constructability review, will assist in developing phasing and other construction planning, and will provide the highly specialized skills required to shorten the overall duration of Project construction. The City will invite prospective contractors to submit competitive proposals in response to a Request for Proposal (RFP). A selection committee will select the contractor based on an evaluation of the proposals. The RFP process will be completed under the guidance and direction of Procurement Services and in accordance with Portland Public Contracting Rules set forth in 5.34. The Council is the Local Contract Review Board for the City with the authority to exempt certain public contracts from the competitive bidding requirements of ORS Chapter 279C and Portland Public Contracting Rules set forth in 5.34 Draft findings addressing favoritism, competition, substantial costs savings, operational, budget, financial data, public benefits, value engineering, specialized expertise, public safety, market conditions, technical complexity and funding sources recommended by the City, substantially in the form attached hereto as Exhibit A, were made available and a notice of the public hearing of this Ordinance was published fourteen (14) days in advance of this public hearing. The Portland Bureau of Transportation has funds budgeted in FY 2024/2025 for design and proposed funds in FY 2025/2026 for design, construction, inspection, and management of the project. The estimated total for the CM/GC contract is $9,000,000 to $11,000,000 (low confidence); the project is in the preliminary design stage.NOW, THEREFORE, the Council directs:That the Findings, as attached as Exhibit A, are hereby approved and, on that basis, the Burgard Bridge Resiliency and Multimodal Enhancement Project is exempt from the competitive bidding requirements of ORS Chapter 279C.The Chief Procurement Officer is authorized to use a competitive Request for Proposal process to select a CM/GC contractor for the Project in accordance with ORS Chapter 279C, Portland Public Contracting Rules 5.34.800-890, and OAR 137-049-0690.The Auditor to draw and deliver warrants chargeable to T01183 when demand is presented and approved by the proper authority.As required by ORS 279C.335 and Portland Public Contracting Rules 5.34.820, PBOT will prepare and deliver a post project evaluation to the Council on behalf of the Chief Procurement Office once the City accepts the Project as complete.Section 2. The Council declares that an emergency exists because preliminary engineering activities have begun and the CM/GC's participation in value engineering, constructability reviews and construction planning should occur as soon as possible in order to positively impact design and construction issues and meet the mandated timeline for Project completion by December 2029; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.