191238

The City of Portland ordains:

Section 1. The Council finds:

1. The Bureau of Environmental Services (BES) manages wastewater and stormwater infrastructure to protect public health and the environment. The Inverness Force Main system is a critical component of the BES sewage collection and conveyance system, and is required to operate reliably to prevent uncontrolled sewage releases.
    
2. The Bureau of Environmental Services (BES) has identified the Inverness Force Main System in Northeast Portland to be in poor condition requiring immediate inspection and rehabilitation.  The Inverness Force Main System Replacement Project will ensure reliable sanitary pumping service between the Inverness Pump Station and the Columbia Boulevard Wastewater Treatment Plant (CBWTP).
    
3. The location, underground conditions, and inspection challenges will require specialized skills in inspection and condition assessment technologies, as well as experience in complex construction approaches, risk and safety control, construction sequencing, scheduling, and cost estimating to overcome the challenges and risks associated with this work, while ensuring reliable and continuous sanitary service.
    
4. An analysis was completed by BES and Procurement Services that determined that the Progressive Design Build (PDB) project delivery method is advantageous due to early and continuous collaboration opportunities with a contractor evaluating the criticality of the service, operating constraints, risks, and opportunities. The PDB method can allow for schedule efficiencies, ensure minimal disruptions in service, and a collaborative evaluation of risks prior to the development of Guaranteed Maximum Price (GMP).    
    
5. Based on the Findings, attached as Exhibit A, the exemption of the Project from the competitive bidding requirements of ORS Chapter 279C is unlikely to encourage favoritism or substantially diminish competition in awarding a public contract because the contract will be awarded using a formal competitive solicitation process.  This delivery method has the added community benefit of allowing more time for a Contractor to identify and outreach to firms certified with the State of Oregon’s Certification Office for Business Inclusion and Diversity (“COBID-certified” firms) that may otherwise not have an opportunity to participate in the project due to the traditionally compressed low-bid timelines. 
    
6. A selection committee will review and select the progressive design build contractor based on an evaluation of the qualifications, capabilities, and initial costs of proposals.  The selection process will be completed under the direction of Procurement Services.
    
7. The estimated progressive design build construction contract is currently estimated to be between $34-69 million, depending on the final scope.  Funds are available in the Sewer System Operating Fund, WBS Element E11531 with the Bureau of Environmental Services FY 2022-2029 Capital Improvement Plan (CIP).

NOW, THEREFORE, the Council directs:

1. Council hereby approves the Findings, as attached as Exhibit A, and on that basis exempts the Inverness Force Main Project from the competitive bidding requirements of ORS Chapter 279C.
2. The Chief Procurement Officer is authorized to use an alternative competitive solicitation process in accordance with City Code Chapter 5.34 to procure progressive design-build services for the Project. 
3. Upon Council acceptance of the Chief Procurement Officer’s Report recommending the contract award, the Chief Procurement Officer is authorized to negotiate and execute a contract, provided the contract has been approved as to form by the City Attorney’s Office. 
4. The Mayor and City 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.
5. 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.