238-2023

Report

Accept bid of $3,523,888 from Brown Contracting, Inc. for the Central Eastside Access and Circulation Improvements Rebid Project (Procurement Report - ITB 00001986)

Accepted

TO THE COUNCIL: 

On February 16, 2022, Council approved Ordinance Number 190706 for Procurement Services to competitively solicit the Central Eastside Access and Circulation Improvements Rebid Project in accordance with PCC 5.34.  The Chief Procurement Officer has advertised and received bids for Bid Number 00001986 on behalf the Portland Bureau of Transportation (PBOT), with a total design and construction management project budget of $5,600,000 and the project construction estimate portion of the budget is $3,500,000.  PBOT rated the project estimate confidence level as low.                                         

Bids were opened on December 13, 2022, and four (4) bids were received.  The lowest responsive bid is from Brown Contracting, Inc., thus it is recommended that their bid be accepted at the estimated unit prices quoted for a total bid amount of $3,523,888 which is 1% above the project construction estimate is $3,500,000.

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. Brown Contracting, Inc. has committed to subcontract 20.06% toCOBID Certified firms as follows:

Subcontractor

Certification

Area of Work

Ownership

Amount

Rock & Road Construction LLC

DBE/MBE

Trucking

African American/Male

$14,000

Brothers Concrete Cutting Inc.

MBE

Saw Cutting

Native American/Male

$7,500

Coria Landscapes Inc

MBE/ESB

Landscaping

Hispanic/Male

$9,035

Eugene William Construction, Inc.

D/MBE/ESB

Pipe Work

Native American/Male

$99,350

Guido Construction, Inc.

D/M/WBE

Concrete

Native American/Female

$136,000

IMN Traffic Specialties LLC

D/M/WBE/ESB

Traffic Control

African American/Female

$185,320

Settje Sons Paving LLC

ESB

Paving

Caucasian/Male

$155,570

All-Ways Excavating USA LLC

DBE/MBE

Excavation

Native American/Male

$22,000

Precision Fiber, Inc.

DBE/WBE

Electrical

Caucasian/Female

$78,000

Total

$706,775

Brown Contracting, Inc. acting as the prime contractor intends to self-perform 42.77% of the work and to subcontract 37.17% to the following non-certified firms:

Subcontractor

Area of Work

Amount

Northstar Electrical Contractors

Electrical

$1,310,000

Total

$1,310,000

Brown Contracting, Inc. is located in Eugene, Oregon, and is not a State COBID Certified Contractor. They have a current City of Portland Business Tax Registration and are in full compliance with all of the City’s contracting requirements.

Costs for this project will be posted to PBOT Capital Project T00718.C42 which is included in PBOT’s FY 2021-22 Adopted Budget and five-year CIP forecast.

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 Brown Contracting, Inc.

Recommended by:

Biko Taylor

Chief Procurement Officer

BT: rab

Impact Statement

Purpose of Proposed Legislation and Background Information

The purpose of this legislation is to authorize the Chief Procurement Officer to execute a construction contract for the Central Eastside Access and Circulation Improvements Rebid Project for $3,523,888.

The project will improve freight access and circulation and reduce multimodal conflicts in the Central Eastside primarily by installing new traffic signals, consistent with the adopted SE Quadrant Plan, Central City 2035 plan, and Central City in Motion.

Ordinance No. 190706 was approved by City Council on February 16, 2022, authorizing the Chief Procurement Officer to issue a competitive solicitation for the Central Eastside Access and Circulation Improvements Rebid Project.  The construction cost based on bids received is $3,523,888.

Financial and Budgetary Impacts

The total design and construction management budget for this project is $5,600,000 and the project construction estimate portion of the budget is $3,500,000. The confidence level was low. Based on the proposal received, the Portland Bureau of Transportation (PBOT) anticipates the construction contract cost to not exceed $3,523,888 which is 1% above the project construction estimate.

Costs for this project will be posted to PBOT Capital Project T00718.C42 which is included in PBOT’s FY 2021-22 Adopted Budget and five-year CIP forecast.

The purposed legislation will not create, eliminate or re-classify any positions now or in the future. 

Community Impacts and Community Involvement

  • The project is consistent with the adopted SE Quadrant, Central City 2035 and Central City in Motion plans.
     
  • Since those plans were adopted, additional public outreach and community involvement has included:
     
    • Three public open houses in winter of 2020 just prior to lockdown.
       
    • Presentations to the Central Eastside Industrial Council, Central City in Motion Working Group, and the Bicycle and Freight advisory committees throughout last year.
       
    • Mailed notifications to all nearby residents, property owners and business owners in 2020 and beginning of 2021.
       
  • The project involves some spot parking removal and some circulation changes. Adjacent property owners, residents and businesses have been notified.

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 November 3, 2022.  A public notice was also posted in the Daily Journal of Commerce on November 7, 2022.

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).  Proposals received resulted in the award of the construction contract.  Procurement Services managed the procurement process.  No protests were received.

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. Brown Contracting, Inc. has committed to subcontract 20.06% toCOBID Certified firms as follows:

Subcontractor

Certification

Area of Work

Ownership

Amount

Rock & Road Construction LLC

DBE/MBE

Trucking

African American/Male

$14,000

Brothers Concrete Cutting Inc.

MBE

Saw Cutting

Native American/Male

$7,500

Coria Landscapes Inc

MBE/ESB

Landscaping

Hispanic/Male

$9,035

Eugene William Construction, Inc.

D/MBE/ESB

Pipe Work

Native American/Male

$99,350

Guido Construction, Inc.

D/M/WBE

Concrete

Native American/Female

$136,000

IMN Traffic Specialties LLC

D/M/WBE/ESB

Traffic Control

African American/Female

$185,320

Settje Sons Paving LLC

ESB

Paving

Caucasian/Male

$155,570

All-Ways Excavating USA LLC

DBE/MBE

Excavation

Native American/Male

$22,000

Precision Fiber, Inc.

DBE/WBE

Electrical

Caucasian/Female

$78,000

Total

$706,775

Brown Contracting, Inc. acting as the prime contractor intends to self-perform 42.77% of the work and to subcontract 37.17% to the following non-certified firms:

Subcontractor

Area of Work

Amount

Northstar Electrical Contractors

Electrical

$1,310,000

Total

$1,310,000

Brown Contracting, Inc.is located in Eugene, Oregon, and is not a State COBID Certified Contractor.   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.

Agenda Items

238 Regular Agenda in March 22, 2023 Council Agenda

Accepted - Prepare Contract

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

Introduced by

Contact

Rachel Beane

Construction, Senior Procurement Specialist

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date
Time Requested
15 minutes