Accept bid of Moore Excavation, Inc. for the Tryon Creek Fish Passage Improvements Project for $832,701 (Procurement Report - Bid 00002079)



On February 15, 2023, Council approved Ordinance Number 191173 for Procurement Services to competitively solicit the Tryon Creek Fish Passage Improvements in accordance with PCC 5.34.  The Chief Procurement Officer has advertised and received bids for Bid Number 00002079 on behalf of Bureau of Environmental Services (BES), with a project construction estimate of $1,247,000.  BES rated the project estimate confidence level as high.

Bids were opened on April 11, 2023, and four (4) bids were received.  The lowest responsive bid is from Moore Excavation, Inc, thus it is recommended that their bid be accepted at the estimated unit prices quoted for a total bid amount of $832,701, which is 33.22% under the engineer’s estimate.

The City’s equity in contracting aspirational goal of 20% of the hard construction costs for subcontractor and supplier utilization of firms certified by the State’s Certification Office for Business Inclusion and Diversity (COBID) applies to this project. Moore Excavation, Inc has committed to subcontract 20.06% toCOBID Certified firms as follows:



Area of Work



Coria Landscape





Cutter Construction Co, Inc.


Hauling Services





Moore Excavation, Inc acting as the prime contractor intends to self-perform 78.6% of the work and to subcontract 1.33% to the following firms:


Area of Work


Iron Horse, LLC

Video Scanning of Sewers, Water Wells, etc., Electronic


Longhorn Geomatics

Land Surveying




Moore Excavation, Inc is located in Fairview, Oregon, and is not a State COBID Certified Contractor and is a white/male owned firm.  They have a current City of Portland Business Tax Registration and are in full compliance with all of the City’s contracting requirements.

BES has funds available in the Sewer System Operating Fund, FY 2022-23 Budget, WBS Element E10427, for construction, inspection and management of the project.

It is recommended that a Performance Bond and Payment Bond each at 100% of the contract amount be furnished by the Contractor.  Further, it is also recommended that a two (2) year Maintenance/Warranty Bond for 20% of the final contract amount be furnished by the Contractor before final payment is released.

The bid sureties of the remaining bidders should be returned immediately in compliance with Section 5.34.410D of the City Code.

Procurement Services recommends that Council accept this Report and authorize the contract award to Moore Excavation, Inc.

Recommended by:

Biko Taylor

Chief Procurement Officer

BT: veh

Impact Statement

Purpose of Proposed Legislation and Background Information

Authorize the Chief Procurement Officer to execute a construction contract for the Tryon Creek Fish Passage Improvements to Moore Excavation, Inc.  The construction cost based on bids received is $832,701.

The Bureau of Environmental Services (BES) needs to provide fish passage on a reach of Tryon Creek by November 30, 2023, to comply with the Department of State Lands (DSL) Consent Order (8435ENF). This project will create a channel that is passable for native migratory fish using a design approved by the Oregon Department of Fish and Wildlife (ODFW). These improvements will assist in the recovery of Endangered Species Act-listed salmonids. Native plantings along the banks will help shade the creek and keep it cooler in the summer and provide food and shelter for wildlife.

Ordinance No. 191173 was approved by City Council on February 15, 2023, authorizing the Chief Procurement Officer to issue a competitive solicitation for the Tryon Creek Fish Passage Improvements on behalf of BES.

No revenues will be impacted by this legislation.

This legislation does not change existing City policy.

Financial and Budgetary Impacts

Based on bids received, BES anticipates the construction contract cost to be $832,701.  The engineer’s estimate for this project was $1,247,000 and the confidence level was high.

BES conducted a bid analysis and determined that the Moore Excavation, Inc bid of $832,701.00 was below the engineers estimate.  BES received 4 bids ranging from $832,701.00- $1,793,913.00 BES selected Moore Excavation, Inc’s low bid.  While several bid items accounted for the discrepancy, we still feel Moore Excavation, Inc’s bid was balanced and sufficient to complete the designed plans.

Funds are available in BES’s Sewer System Operating Fund, FY 2022-23 Budget, WBS Element E10427.

No present positions will be created, eliminated or re-classified as a result of this legislation.

Community Impacts and Community Involvement

The construction contracting community, including contractors certified with the State of Oregon as minority, women, and emerging small businesses became involved when the Chief Procurement Officer advertised and publicly noticed the project on the City’s Online Procurement System on March 9, 2023.

Potential bidders were able to review the competitive solicitation, attend a pre-bid meeting, ask questions, provide comments and submit a bid in response to the Invitation to Bid (ITB).  Bids received resulted in the award of the construction contract.  Procurement Services managed the procurement process.  No protests were received.

No known persons or groups will be testifying.

No future public involvement is anticipated or necessary for this request.

100% Renewable Goal

This action does not contribute to the City’s goal of meeting 100 percent of community-wide energy needs with renewable energy by 2050.

This action does not increase or decrease the City’s total energy use. This action does not increase or decrease the City’s renewable energy use.

Budget Office Financial Impact Analysis

The total cost of this contract, $832,701, is built into the Water Bureau’s Capital Improvement Program and Water Rate forecast.  

Agenda Items

367 Regular Agenda in May 10, 2023 Council Agenda

Accepted - Prepare Contract

Motion to accept the report: Moved by Mapps and seconded by Ryan.
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Yea

Introduced by


Valentine Hellman

Construction, Senior Procurement Specialist

Requested Agenda Type


Date and Time Information

Requested Council Date
Time Requested
10 minutes