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Emergency Ordinance

*Amend contract with Titan Utilities, LLC for emergency sinkhole repairs for an estimated cost of $679,900 (amend Contract 30008429)


The City of Portland ordains:

Section 1. The Council finds:

  1. The Bureau of Environmental Services (BES) needs to amend the Contract No. 30008429 with Titan Utilities, LLC for storm sewer and maintenance hole replacement at Outfall 42 adjacent to the Willamette River and active Union Pacific rail lines.
  1. Following competitive bidding, pursuant to Ordinance Number 191254, Contract 30008429 was made and entered into on April 26th, 2023 for a maximum, not to exceed, amount of $1,313,140.00.  The Contractor was issued a Notice to Proceed on August 14, 2023.
  1. In the course of executing the work required under the contract a sink-hole and void developed adjacent to the work and within the Union Pacific right of way.  This posed a potential safety risk to equipment, personal and rail traffic.  Immediate repairs were required to stabilize the site and mitigate the safety risks.  All work was performed in accordance with existing Union Pacific agreements and requirements.
  1. In addition to the immediate repairs, track settlement monitoring, bypass pumping and flagging and supervision by railroad certified personal is required to maintain a safe work site.  
  1. The Engineer’s Estimate for the repair, monitoring and associated delays, with contingency, is an additional $679,900, a 52% increase in the original contract.  This will result in a total contract amount of $1,993,040.
  1. The estimated cost is $679,900.  The level of confidence is moderate. Funds are available in the Sewer System Operating Fund, FY 2023-24 Budget, Bureau of Environmental Services, BES Project Number E11220.

NOW, THEREFORE, the Council directs:

  1. The Bureau Director or their designee is hereby authorized to amend Contract No. 30008429 with Titan Utilities, LLC, for the purpose and amount described in Section 1, up to an amended contract amount of $1,993,040.
  2. 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.

Section 2. The Council declares that an emergency exists because of the need to maintain levels of service and protect public safety and existing utilities and rail traffic; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

The purpose of this legislation is to amend a construction contract for the Outfall 42 Maintenance Hole and Storm Sewer Construction Rebid Project.  The original contract is for $1,313,140 and this ordinance would authorize BES to increase the contract up to an amount $679,900 for an amended total contract amount of up to $1,993,040. 

This increase is required to respond to unanticipated site conditions, resulting in a large sink-hole that developed during construction creating potential safety risks to equipment, personal, the environment and rail traffic.  This unanticipated development required immediate repairs as well as additional safety and settlement monitoring, bypassing of the existing storm sewer and additional modified work approaches.

No revenues will be impacted by this legislation.

This legislation does not change existing City policy.

Financial and Budgetary Impacts

The engineer’s estimate for this additional work is $679,900 including contingency which will result in a 52% increase in the original contract.  The engineer’s estimate is based on existing work records, estimates provided by the Contractor, existing contract bid unit prices and historical construction pricing.  Actual costs will be determined using a combination of work records and established contract unit prices.

Funds are available in the Sewer System Operating Fund, FY 2023-24 Budget, Bureau of Environmental Services, BES Project No E11220.

Given the nature of the subsurface deficiencies encountered and the challenging nature of excavation work adjacent to the Willamette River and multiple active rail lines the level of confidence for this estimate is moderate.

Community Impacts and Community Involvement

The project site is located on a combination of private property easements and Union Pacific Railway right-of-way.  BES has agreements with Union Pacific to conduct the work and operate the completed storm sewer.   All work has required extensive coordination with both Union Pacific and the property owner.  The project team will continue that coordination throughout the remainder of the project.

Completing the additional work will maintain levels of service, protect public safety, the environment and existing rail traffic.  

100% Renewable Goal


Agenda Items

1083 Four-Fifths Agenda in December 20, 2023 Council Agenda


  • Commissioner Mingus Mapps Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Absent


Todd Perimon

Engineering Supervisor

Requested Agenda Type

Four Fifths

Date and Time Information

Requested Council Date
Time Requested
10 minutes