passed ordinance

Approve findings to authorize exemption to the competitive bidding requirements and authorize competitive solicitation and use of alternative contracting method of Best Value in connection with the West Lents Floodplain Restoration Project for estimated amount of $7,360,000

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  • infrastructure utilities
  • climate environment
  • procurement
Department
Environmental Services
Introduced by
Former Commissioner Mingus Mapps
Status
Passed

Impact statement

Purpose & background

The purpose of this legislation is to authorize the City to use a Best Value RFP Solicitation to support successful completion of the West Lents Floodplain Restoration Project (Project) to: Allow BES to select a contractor with the experience and qualifications necessary to coordinate and construct the Project; Present their construction approach and experience as a qualification, including construction packaging and sequencing which will minimize operational risks and scheduling delays; Provide input on construction risks and material procurement timelines which can be incorporated into the overall project schedule; Review constructability and conduct value engineering to control cost and develop construction phasing plan focused on meeting project schedule, permit requirements, and design intent; Support opportunities for disadvantaged, minority-owned, women-owned, emerging, or disadvantaged businesses in the contracting community. A Request for Proposals (RFP) process will be followed to select the most qualified contractor construct the improvements identified. The 25-acre West Lents floodplain is owned by the BES for managing flooding, water quality, and fish and wildlife habitat. BES designed a project to create six acres of floodplain, over 2,400 feet of restored stream channel, plant over 15,000 native trees, and remove 45,500 cubic yards of non-hazardous contaminated media. This will transform a severely degraded reach of Johnson Creek into a dynamic self-sustaining system that provides critical salmonid habitat, measurable water quality benefits, resilience to climate change, and a community asset to underserved neighborhoods in east Portland.

Financial impacts

The project construction cost is estimated at approximately $7.36 million. Design is complete, and the level of confidence is high. The overall Project will be funded by the Sewer System Operating Fund from FY2024-25 when funds are made available. The floodplain restoration work, when built as designed, will be self-sustaining however it may require limited operations and maintenance to adaptively manage to the various pressures of climate change and the urban environment. This legislation does not generate or reduce current or future revenue. In addition, no current positions will be affected, and no positions will be created, eliminated, or reclassified as a result of this legislation.

Community impacts

The West Lents Floodplain Restoration Project will benefit the Lents community. In addition to the flood risk reduction the Project will provide for the community, it will provide community access to restored natural areas and the benefits of an “emerald corridor” that is Johnson Creek through east Portland. This will provide an enormously beneficial climate refuge for Portland residents experiencing ever increasing summertime heat waves. Adjacent to the Springwater Corridor Trail, the project will provide ADA access to new upland viewpoints overlooking the dynamic floodplain system below. This will be augmented by landscape design that speaks to the site’s history and reflects the values and character of the surrounding community. The perimeter park space will support passive recreation, a place to gather, shade in the summer, sound refuge, and human connection with the watershed. The restored floodplain will be a regional destination within the PBOT Neighborhood Greenways and along the Springwater Corridor Trail. Other bureaus have community improvement plans adjacent to the Project. Portland Parks and Recreation has plans for a trailhead on the Springwater Corridor Trail at SE 82nd Ave and PBOT’s is planning “Building a Better 82nd Ave”. In addition, delivering the Project using alternative contracting supports the City goals to advance goals of equity and inclusion in the construction industry. The alternative contracting method allows the Contractor to plan and promote outreach to encourage the utilization of a diverse set of workers, including women and minority apprentices and COBID-certified subcontractors, to help achieve equity in contracting and workforce diversity goals with the Project during construction.

Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: The Bureau of Environmental Services (BES) has designed the West Lents Floodplain Restoration project on 25 acres of public property to address the negative impacts of flooding, persistent water quality issues, and fish and wildlife declines along Johnson Creek between SE 82nd Ave and SE 92nd Ave. The project will transform a severely degraded reach of Johnson Creek into a dynamic, self-sustaining system that provides critical salmonid habitat, measurable water quality benefits, resilience to climate change, and a community asset to under-served neighborhoods in east Portland. The project's scope of work includes creating six acres of floodplain and over 2,400 feet of restored stream channel, planting over 15,000 native trees, and removing 5,500 cubic yards of non-hazardous contaminated media. The project will require specialized skills and experience in stream and habitat restoration, sequencing, scheduling and the expertise and skills to successfully build the project as designed. Procurement Services and BES recommend using the alternative contracting method of a Best Value Solicitation for the project. The Council is the Local Contract Review Board with the authority to exempt certain public contracts from the competitive bidding requirements of ORS Chapter 279C and Portland City Code Chapter 5.34. Draft findings addressing favoritism, competition, operations, budget and financial data, public benefits, constructability reviews, specialized expertise required, public safety, market conditions, technical complexity, and funding sources recommended by the City are in Exhibit A. A notice of the public hearing of this ordinance was published fourteen days in advance. The estimated construction contract amount is approximately $7,360,000. Funds are available in the Sewer System Operating Fund, FY 2024-25 budget, Bureau of Environmental Services, WBS Element E10993. The Project Estimate Confidence Level Rating Index, per Binding City Policy BCP-ADM-1.13, is High. NOW, THEREFORE, the Council directs: The findings in Exhibit A are approved and, on that basis, the West Lents Floodplain Restoration Project is exempt from the competitive bidding requirements of ORS Chapter 279C. The Chief Procurement Officer is hereby authorized to competitively solicit and use the alternative contracting method of Best Value to procure a contractor for the project. Upon the Council’s acceptance of the Chief Procurement Officer’s report recommending the highest-scoring proposer, the Chief Procurement Officer is authorized to award, negotiate and execute a contract with said proposer, provided the contract has been approved as to form by the City Attorney’s Office. The Mayor and Auditor are hereby authorized to pay for the contract from the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority. As required by ORS 279C.355 and PCC 5.34.820C, BES will prepare and deliver a post-project evaluation to the Council on behalf of the Chief Procurement Officer once the City accepts the project as complete.

Tally

5 yea 0 nay

Roll call (5)