191106

The City of Portland ordains:

Section 1.  The Council finds:

1. The Portland Water Bureau is a water utility that provides drinking water to nearly one million people.  The Portland Water Bureau strives to provide the highest quality water to enhance public health and safety and contribute to the economic viability and livability of the Portland metropolitan region. 
2. In 2017, the Federal Energy Regulatory Commission (FERC) and the Portland Water Bureau completed an inspection of Dam 1 in the Bull Run Watershed.  The inspection identified maintenance and potential structural deficiencies with the existing three spillway gates and hoisting mechanisms. 
3. Further Portland Water Bureau investigations of the existing three gates and hoisting mechanisms based on current seismic design standards have determined they do not meet all loading conditions based on current design practices and must be retrofitted or replaced with seismically upgraded gates. 
4. An alternative analysis performed by the Portland Water Bureau indicates that it is more cost effective, and poses reduced  risk to the water quality, to remove and replace the gates as opposed to retrofitting them in place.
5. FERC requires the upgraded gates and hoisting equipment to be installed and functional by March 2025.  
6. The Portland Water Bureau must retain the professional, technical, and expert services of an engineering consultant to design and develop plans and specifications for a construction contract for the Dam 1 Spillway Gates Replacement Project (Project).
7. Design services for the Project are necessary to implement the design and construction of the slide gates that comply with the FERC design criteria.  The project is located on top of Dam 1.
8. A consultant selection was conducted in accordance with Portland City Code Chapter 5.68 via QBS-RFP No. 00001831. After reviewing proposals and conducting interviews, the evaluation committee determined McMillen, LLC, was the most qualified proposer to perform the work on this Project.
9. Through the contract, McMillen, LLC, will provide design services for the Project, which includes design of new slide gates and appurtenances, design quality management, assistance during construction, Construction Manager/General Contractor support and interactions, commissioning assistance, operations support, and other related support services for the Project.
10. The not to exceed amount for the contract is $1,329,325. Funds are available in the FY 2022-23 Budget and will be requested in the FY 2023-24 through FY 2024-25 Budgets.
11. The Certification Office for Business Inclusion and Diversity participation in this contract is estimated to be 20% of the total contract dollars.

NOW, THEREFORE, the Council directs:

1. That the Chief Procurement Officer is authorized to execute on behalf of the City a contract with McMillen, LLC, in a form substantially in accordance with the contract attached as Exhibit A.
2. The Mayor and City Auditor are hereby authorized to draw and deliver checks chargeable to the Water Fund when demand is presented and approved by the proper authorities.