2003-940-Minutes for Meeting June 06,2003 Recorded 6/13/2003COUNTY
TES
FICIAL
NANCYUBLANKENSHIP,FCOUNTY CLERKDS Q 2003.940
COMMISSIONERS' JOURNAL 06/13/2003 02:22:03 PM
(IIIIIIII IIIIIIIIIIIIIII I II IIIIIII
2003-000840
DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
CONVENED AS THE LOCAL CONTRACT REVIEW BOARD
FRIDAY, JUNE 69 2003
Commissioners' Hearing Room - Administration Building
1130 NW Harriman St., Bend
Present were Commissioners Dennis R. Luke and Michael M. Daly; Commissioner
Tom DeWolf was out of the office. Also present was Rick Isham, Legal Counsel.
No representatives of the media or other citizens were present.
Chair Dennis Luke opened the meeting at 9:02 a.m.
Before the Board (Convened as the Local Contract Review Board) was a
Decision on the Protest (Submitted by VIK Construction Company) of a
Contract Award on the County Warehouse/Information Technologies
Building.
RICK ISHAM:
Before you is a proposed decision to be signed by the Board of County
Commissioners, acting as the Contract Review Board, which is in conformance
with the decision that was orally announced on Wednesday (June 4, 2003) at the
conclusion of the hearing on the protest of VIK Construction Company.
Minutes of Board of Commissioners' Meeting Friday, June 6, 2003
Page 1 of 3 Pages
The Board has had a chance to review the draft earlier; and if the Board feels this
fairly sets forth the decision of the Contract Review Board, it can consider a
motion to approve and sign that decision. It will then be mailed to the parties.
That decision does, then, become the final step in the award of the CM/GC
contract to Kirby Nagelhout Construction Company. That will terminate any
administrative proceedings relating to the selection and award of that contract.
LUKE:
For the record, we are convened as the County Contract Review Board and not the
Board of County Commissioners.
Commissioner Daly, have you had a chance to review this document?
DALY:
Yes, I've reviewed this letter and it substantially depicts the finding that was made
on Wednesday, awarding the contract to Kirby Nagelhout Construction. I would
move that we sign this letter and award the contract to Kirby Nagelhout
Construction.
LUKE:
I, too, have reviewed this, and believe it reflects not only meeting notes and the
oral testimony presented by VIK Construction, but accurately represents what we
discussed on the hearing on Wednesday, when we heard the protest. So, I will
second that motion.
For the record, Commissioner Daly, there has been some question of whether there
were e-mails back and forth between the County Commissioners concerning this
protest and/or the project since the bid opening. Have you received any e-mails of
that nature?
DALY:
For the record, when I was shown that request for e-mails, I thought very long and
hard, and can think of no instance where I sent an e-mail or I received an e-mail
that had anything to do with this process. In fact, I was very careful to exclude
myself from any part of this process because of my contractor background. As far
as I know, I can't even think of an e-mail that may have been sent to me or that I
sent concerning this process at all. So I don't think anything exists along those
lines.
Minutes of Board of Commissioners' Meeting Friday, June 6, 2003
Page 2 of 3 Pages
LUKE:
The only one I remember receiving was the one from Susan Ross, where she stated
that they needed to put the awarding of the contract on our agenda a week or so
ago. But she didn't even list who won, because it wasn't going to be announced
until that meeting who actually won. That was the only one that I received.
DALY:
I might also say that I did recommend to Susan Ross that as far as the makeup of
the committee is concerned, that I felt that Kevin Wing from Central Oregon
Builders' Association could be a good member of the committee, and I think that's
the only recommendation that I made on the makeup of the committee. There
were no e-mails to that effect that I know of. I did call Kevin and asked if he
might be interested in serving on the committee.
LUKE:
That was during a public meeting, because that's when I brought up the retired
banker from Western Bank, Chuck Rieb. And I believe you brought up Kevin
Wing at the same time. That was in a public meeting.
VOTE: DALY: Yes.
LUKE: Chair votes yes.
Being no further discussion or items brought before the Contract Review Board
or the Board of County Commissioners, the meeting adjourned at 9:10 a. m.
DATED this 6 t Day of June 2003 for the Deschutes County Board of
Commissioners.
De is R. Luke, Chair
Tom DeWolf, Commissioner
ATTEST:
Y, C
Recording Secretary
Minutes of Board of Commissioners' Meeting
Page 3 of 3 Pages
trnaay, June o, /-vv.3