Accept recommendation of Chief Procurement Officer to award contract to Moore Excavation, Inc. for the North Schmeer Rd East of Whitaker Rd Project for $1,430,623
July 17, 2024
TO THE COUNCIL:
On December 14, 2022, Council approved Ordinance Number 191107 for Procurement Services to competitively solicit the North Schmeer Road East of Whitaker Road Project in accordance with PCC 5.34. The Chief Procurement Officer has advertised and received bids for Bid Number 00002345 on behalf of Portland Water Bureau (PWB), with a project construction estimate of $1,386,000. PWB rated the project estimate confidence level as high.
Bids were opened on June 4, 2024, and three (3) 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 $1,430,623, which is 3% over 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 20.08% to COBID Certified firms as follows:
| Subcontractor | Certification | Area of Work | Ownership | Amount |
|---|---|---|---|---|
| Brothers Concrete Cutting | MBE | Concrete Cutting | Native American /Male | $17,000 |
| C & C Flagging, LLC | DMWBE | Flagging/Traffic Control | African American/Female | $32,175 |
| Cutter Construction Co., Inc. | DWBE | Hauling Services | African American/Female | $95,000 |
| Johnny’s Concrete Services, LLC. | DMBE | Concrete Services | Hispanic/ Male | $8,660 |
| Kodiak Pacific Construction Co. | WBE | Street Construction | Caucasian/ Female | $134,476 |
| Total | $287,311 | |||
Moore Excavation, Inc. acting as the prime contractor intends to self-perform 79.74% of the work and to subcontract 0.17% to a non-certified firm as follows:
| Subcontractor | Area of Work | Amount |
|---|---|---|
| Drakes Striping & Painting, Inc. | Striping | $2,500 |
| Total | $2,500 | |
Moore Excavation, Inc. is located in Fairview, Oregon, and is not a State COBID Certified Contractor and is a Caucasian/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.
Funding for this Project, with budgeted contingency, is available in the Portland Water Bureaus W02712 FY 2022-23 Budget and is being reimbursed by the Developer.
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 Chief Procurement Officer to execute the contract with Moore Excavation, Inc.
Recommended by:
Kathleen Brenes-Morua
Interim Chief Procurement Officer
KBM: ea
Official Record (Efiles)
Impact Statement
Purpose of Proposed Legislation and Background Information
Authorize the Chief Procurement Officer to execute a construction contract for North Schmeer Road East of Whitaker Road Project to Moore Excavation, Inc. The construction cost based on bids received is $1,430,623.
The existing water pipes, associated service lines, and fire hydrants in North Schmeer Road, owned by the Portland Water Bureau, must be moved due to the new Right of Way (ROW) cross-section. The water main currently located underneath the sidewalk exhibits multiple conflicts with the new ROW development. The existing water facilities must be replaced to ensure accessibility, operability, and water quality of the existing water system in the North Schmeer Road East of Whitaker Road Water Mains Project area.
The Project will replace the existing water pipes, associated service lines, and fire hydrants to meet operation and flow conditions and construct the new facilities in accordance with all applicable codes and standards, including installing earthquake resistant pipe due to high liquefaction potential in the area.
Ordinances 191107 was approved by City Council on December 14, 2022, authorizing the Chief Procurement Officer to issue a competitive solicitation for the project known as North Schmeer Road East of Whitaker Road Project on behalf of Portland Water Bureau (PWB).
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 project was $1,386,000 and the confidence level was High. Based on bids received, PWB anticipates the construction contract cost to be $1,430,623, which is 3% over the engineer’s estimate.
Funding for this Project, with budgeted contingency, is available in the Portland Water Bureaus W02712 FY 2022-23 Budget and is being reimbursed by the Developer.
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 May 02, 2024, including a public notice posted in the Daily Journal of Commerce on May 03, 2024.
Potential bidders were able to review the competitive solicitation, 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.
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 20.08% to COBID Certified firms as follows:
| Subcontractor | Certification | Area of Work | Ownership | Amount |
|---|---|---|---|---|
| Brothers Concrete Cutting | MBE | Concrete Cutting | Native American /Male | $17,000 |
| C & C Flagging, LLC | DMWBE | Flagging/Traffic Control | African American/Female | $32,175 |
| Cutter Construction Co., Inc. | DWBE | Hauling Services | African American/Female | $95,000 |
| Johnny’s Concrete Services, LLC. | DMBE | Concrete Services | Hispanic/ Male | $8,660 |
| Kodiak Pacific Construction Co. | WBE | Street Construction | Caucasian/ Female | $134,476 |
| Total | $287,311 | |||
Moore Excavation, Inc. acting as the prime contractor intends to self-perform 79.74% of the work and to subcontract 0.17% to a non-certified firm as follows:
| Subcontractor | Area of Work | Amount |
|---|---|---|
| Drakes Striping & Painting, Inc. | Striping | $2,500 |
| Total | $2,500 | |
Moore Excavation, Inc. is located in Fairview, Oregon, and is not a State COBID Certified Contractor and is a Caucasian/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.
No known persons or groups will be testifying.
No future public involvement is anticipated or necessary for this request.
100% Renewable Goal
This action neither increases nor decreases the City’s total energy use.
This action neither increases nor decreases the City’s renewable energy use.
Financial and Budget Analysis
Analysis provided by City Budget Office
The bureau initially projected the project to cost $1,386,000, so this ordinance approves an amount ~3% higher than initial estimates. The bureau has the resources for the project in their FY 2024-25 budget. This project has a high confidence level.