ORDINANCE No. 178137 AS AMENDED

*Authorize agreement with Doppelmayr CTEC, Inc. for pre-construction services for the Marquam Hill Aerial Tram. (Ordinance)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The City Council, on August 13, 2003, approved Ordinance #177795, granting a public bidding exemption for the Marquam Hill Aerial Tram and authorizing the Portland Office of Transportation (PDOT) to proceed with an alternative selection process for selecting a Tram Equipment Supplier and a Construction Manager/General Contractor.

2.  The City Council, on August 14, 2003, approved Ordinance #177797; authorizing a contract with Portland Aerial Transportation, Inc. (PATI) for schematic design and design development services for the Marquam Hill Aerial Tram. The design team under that contract, led by the architecture firm of Angelil/Graham/Pfenninger/Scholl, has reached the 50% level of Schematic Design.

3.  The Portland Development Commission (PDC), incorporating City Council’s advice, approved the South Waterfront Central District Project Development Agreement on August, 13, 2003. The agreement was signed by all parties and put into effect on August 22, 2003.

4.  The South Waterfront Central District Project Development Agreement requires, among other items, that Schematic Design work be completed for the aerial tram by March 31, 2004.

5.  PDOT, working with PATI and the Bureau of Purchases, developed a Request for Proposal (RFP) for the selection of a Tram Equipment Supplier. The RFP was advertised on August 20, 2003, and two proposals were submitted by Doppelmayr CTEC Inc., and Leitner Poma Inc., the only tram manufacturing companies in existence worldwide.

6.  Proposals for the project were evaluated based on experience, qualifications, and other factors. The specific selection criteria were: 1) Summary of Experience and Qualifications; 2) Proposed Personnel and Organization; 3) Management Plan; 4) M/W/ESB Business Participation; and 5) Fee Proposal.

7.  An evaluation committee appointed by the Commissioner-in-Charge of PDOT evaluated the proposals and interviewed the respondents. The committee was composed of the PDOT Project Manager, PATI Board members, and an outside transit expert.

8.  On November 3, 2003, the committee recommended to the City that Doppelmayr CTEC, Inc., of Golden, Colorado, be selected as the Tram Equipment Supplier for the Marquam Hill Aerial Tram project. Doppelmayr CTEC was selected on the basis of exhibiting excellence across all of the selection criteria, and is widely recognized as the world leader in aerial tramway design and construction.

9.  On November 6, 2003, the Bureau of Purchases issued a Notice of Intent to Award to the two respondents, and received no protest.

10.  PDOT, with the assistance of PATI, has successfully negotiated a scope of services for pre-construction services with Doppelmayr CTEC. The services include preliminary and final engineering and the development of an operations plan for the aerial tram.

11.  Coordination between the design team under contract with PATI and Doppelmary CTEC is critical in achieving design excellence and controlling project costs. The work of the design team cannot be developed further without the assistance of Doppelmayr CTEC and requires the immediate incorporation of Doppelmayr CTEC into the design team.

12.  Upon successful completion of the pre-construction scope of services, Doppelmayr CTEC and the City will negotiate a contract for the supply and installation of tram equipment on the Marquam Hill Aerial Tram and return to City Council for authorization to proceed with equipment fabrication and installation.

13.  The South Waterfront Central District Project Development Agreement provides for $15,500,000 of funding for the aerial tram project. This funding amount is composed of three primary sources – OHSU, $9,000,000; Tax Increment Financing, $2,000,000; South Waterfront LID, $4,500,000.

14.  Funding for the Doppelmayr CTEC contract will be provided by PDC and OHSU. PDC will fund 18.18% of the contract costs, and OHSU will fund 81.82%.

15.  The funding agreement for PDC’s share of the work is in place through Ordinance #177745, adopted on July 31, 2003, authorizing an Intergovernmental Agreement (IGA) between PDC and PDOT. The funding agreement for OHSU’s share of the work is being submitted for Council action concurrent with this Ordinance.

NOW, THEREFORE, the Council directs:

a.  The Mayor and the Auditor are hereby authorized to execute a funding agreement with Doppelmayr CTEC Inc., in a form substantially similar to the form attached to the original of this Ordinance, and by reference made a part hereof. (Exhibit A)

b.  The Mayor and the Auditor are hereby authorized to draw and deliver checks to Doppelmayr CTEC, chargeable to the Transportation Fund.

c.  The City’s Project Manager, with concurrence from the City’s Purchasing Agent, is hereby authorized to agree to and execute, on behalf of the City, any amendment, which does not increase the amount of the Agreement.

Section 2. The Council declares that an emergency exists because a delay in executing the agreement will result in significant delays to the design and construction process for the aerial tram project and result in non-compliance with the City’s contractual obligations under the South Waterfront Central District Project Development Agreement; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, January 08, 2004

Commissioner Jim Francesconi            GARY BLACKMER

Matt Brown:slg  Auditor of the City of Portland

December 11, 2003              BY /S/ Colleen Phillips

ORD doppelmayr 121003.doc

                     DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 0023-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178137