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

The City of Portland ordains.Section 1. The Council finds:In 2023, City Council adopted the Portland Clean Energy Fund's (PCEF) first five-year Climate Action Plan, which included a strategic program (SP 28) that allotted $30 million toward the replacement of up to 12 streetcars. On December 11, 2024, City Council unanimously adopted the Montgomery Park Area Plan and Locally Preferred Alternative for the Montgomery Park Streetcar Extension (the Project) to support the extension of Portland Streetcar to a new mixed-use employment district in Northwest Portland near Montgomery Park. On January 2, 2025, the Federal Transit Administration (FTA) formally concurred that the Montgomery Park Streetcar Extension met the requirements to enter the formal Project Development phase in the FTA's Capital Investment Grants Small Starts program. The Bureau of Transportation's Capital Investment Committee authorized the use of $12 million in Streetcar Reserve Funds for project development for the Project; and The Bureau of Transportation has worked to advance the project with partners at TriMet and Metro, as well as securing an additional $10 million in Regional Flexible Funds New Project bonding through Metro toward construction costs for the Project. Procurement Services and the 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 as set forth in Administrative Rule PCR-1.02. 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 as set forth in Administrative Rule PCR-1.02. 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 Bureau of Transportation has funds budgeted in FYs 2026-27, 2027-28, and 2028-29 for design and environmental clearance. Construction is anticipated to begin in FY 2029-30. The estimated total for the CM/GC contract is $63,000,000 to $73,000,000 (low confidence); the Project is in the preliminary design stage.NOW, THEREFORE, the Council directs:That the findings, attached as Exhibit A, are hereby approved and, on that basis, the Project is exempt from the competitive bidding requirements of ORS Chapter 279C.The Chief Procurement Officer is authorized to use a competitive RFP process to select a CM/GC contractor for the Project in accordance with ORS Chapter 279C, Portland Administrative Rule PCR-1.02, Subsections 5.34.800-890, and OAR 137-049-0690.As required by ORS 279C.335 and Portland Administrative Rule PCR-1.02, Subsection 5.34.820, the Bureau of Transportation will prepare and deliver a post project evaluation to City Council on behalf of the Chief Procurement Officer once the City accepts the Project as complete.