191683

The City of Portland ordains:

Section 1.  The Council finds:

1. The City of Portland Bureau of Environmental Services (BES) owns and operates the Columbia Boulevard Wastewater Treatment Plant (CBWTP) which protects public health, safety, and the environment by treating sanitary sewage and stormwater from the City of Portland in accordance with State of Oregon Department of Environmental Quality (DEQ) issued National Pollutant Discharge Elimination System (NPDES) permit requirements.
2. The blower system in the CBWTP is required for the operation of the plant’s aeration basins. The blower system, including four (4) blowers, were initially installed in early 1970s and then two of blowers were replaced in early 1990s.  Since 1970s, the blower system has been operated 24 hours a day, 365 days a year for about 50 years.
3. The CBWTP Blower System and Building Improvements Project (Project) is to address deficiencies of the CBWTP blower system which has reached the end of its useful life, to improve system reliability, enhance energy efficiency and meet future wastewater treatment operation needs.
4. The Project will require specialized skills and experience in construction methodology, risk management, construction safety measures, construction sequencing, scheduling, and cost estimating to successfully integrate the new system with the existing CBWTP facilities while maintaining plant operation in compliance with NPDES permit requirements during construction.
5. Procurement Services and BES recommend using the alternative contracting method of Construction Manager/General Contractor (CM/GC) for the Project.
6. 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 5.34.
7. 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, substantially in the form attached here to as Exhibit A (collectively, the Findings), were made available and a notice of the public hearing of this Ordinance was published fourteen (14) days in advance of this public hearing.
8. The estimated Construction Contract is approximately $26,300,000, following AACE Class 5 cost estimating methods, with estimated ranges between -50% to +100%.  Funds are available in the Sewer System Operating Fund, FY 2023-2024 budget, Bureau of Environmental Services, BES Project Number E11038.  The Project Estimate Confidence Level Rating Index, per Binding City Policy BCP-ADM-1.13, is Low.

NOW, THEREFORE, the Council directs:

1. Council hereby approves the Findings, as attached as Exhibit A, and on that basis exempts the CBWTP Blower System and Building Improvements Project from the competitive bidding requirements of ORS 279C.
2. The Chief Procurement Officer is hereby authorized to use an alternative competitive solicitation process to select a CM/GC contractor for the Project and, upon selection of a CM/GC, is authorized to execute a contract for CM/GC pre-construction services during the design phase of the Project, provided the contract has been approved as to form by the City Attorney. 
3. 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.
4. Upon the Council’s acceptance of the Chief Procurement Officer’s report recommending the acceptance of one or more Guaranteed Maximum Price(s) from the CM/GC for the Project, the Chief Procurement Officer is authorized to negotiate and execute a contract for the construction of the Project, provided the contract has been approved as to form by the City Attorney’s office.
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.