passed ordinance 2025-285

*Approve findings to authorize exemption to the competitive bidding requirements and authorize competitive solicitation for the use of the alternative contracting method of a Construction Manager/General Contractor for the Burgard Bridge Resiliency and Multimodal Enhancement Project

transportation
procurement

Department: Transportation
Service area: Public Works
Introduced by: Mayor Keith Wilson
Status: Passed

Impact statement

Purpose & background

The Burgard Bridge Resiliency and Multimodal Enhancements Project will replace the existing viaduct over the Union Pacific Railroad that was constructed in 1930 in the St. Johns neighborhood of Portland, Oregon. This bridge provides a critical connection to area residents and industries, serving all transportation modes and providing an integral link through the North Portland peninsula to other areas of the City, including the Rivergate Industrial District. CM/GC is the only delivery method that will allow PBOT to meet the FY22 Bridge Improvement Program grant requirement of obligating all funds by September 30, 2025. FHWA has indicated that 23 CFR 635.309(p)(1) allows CM/GC projects to achieve authorization for “final design and physical construction” if a number of terms are met, including (but not limited to) completion of NEPA review, approval of the CM/GC RFP, and “necessary arrangements” for the future completion of ROW, utility, and railroad work. Based on the Findings herein, use of a CM/GC would support successful completion of the Project in an efficient manner to achieve PBOT and partner goals for the area

Financial impacts

Total project cost is $17,369,096 (low confidence estimate), funded primarily with Federal grants and Heavy Vehicle Use Tax (HVUT). Costs for this project will be posted to PBOT Capital Project T01357.D42, which is included in PBOT’s FY 25-26 budget and five-year CIP forecast. This contract for this CM/GC is between $9,000,000 and $11,000,000 for the construction of the project. The estimate was derived from PBOT Engineering Services. There is no additional funding requested. Due to the federal grant requirements to spend the funds by December of 2029 the only option to complete the project on time is to use the CM/GC type contract.

Economic impacts

Not applicable

Community impacts

According to the demographic data approximately 90% of the population in the area speaks English and 10% speaks Spanish. All communications and materials will be translated into Spanish. We will be reaching out to residents, the Port of Portland and local businesses who frequently use the bridge. The project will not only replace the bridge but also improve bicycle and pedestrian access and upgrade the existing traffic signal north of the bridge. The project has support from the Freight industry, the Port of Portland, Union Pacific Railroad and all businesses in the area.

▸ Full text (the legislation as adopted)

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 13 th , 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.

Tally

12 yea 0 nay