2008-5-Resolution No. 2008-001 Recorded 1/4/2008REVIE D
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS CJ 1448'5
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL43'43'44 0M
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring an Exemption from
Competitive Bidding Requirements for Deschutes * RESOLUTION NO. 2008-001
County Jail Construction
WHEREAS, The Deschutes County Code, Section 2.37.010, designates the Board of County
Commissioners to act as the local contract review board; and
WHEREAS, ORS 279C.335 and the Deschutes County Code authorize the Board, acting as the
local contract review board, to exempt a public improvement contract from competitive bidding
requirements and award a contract using an alternative contracting method; and
WHEREAS, ORS 279C.335(2) requires approval of written findings to support the use of an
alternative contracting method; and
WHEREAS, County staff has published notice of public hearing in the Daily Journal of Commerce, a
trade newspaper of general statewide circulation, and in the Bend Bulletin, a local daily newspaper, and has
received no comments on this proposed exemption; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, acting in its capacity as the local contract review board, as follows:
Section 1. Based upon the information stated in this Resolution and the findings contained in Exhibit A,
which is attached and incorporated herein, the Board hereby finds that the jail construction project is exempt
from the competitive bidding requirements and that an alternate source of contracting can be utilized.
Section 2. Based upon the above findings, a specific exemption to the selection process outlined in the
Deschutes County Code is hereby granted for the jail construction project, and the County may enter into an
appropriate contract therefore, the final terms and conditions of which are subject to legal review and Board
approval.
PAGE 1 OF 2 — RESOLUTION NO. 2008-001
Section 3. This Resolution shall become effective immediately upon its adoption.
-7/ -
DATED thin/ — day of , 2008.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
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Recording Secretary
PAGE 2 of 2 — RESOLUTION NO. 2008-001
OF DESCHUTES COUNTY, OREGON
IS R. LUKE, a'
TAM Y, Commissio6jr
MICHAEL DALY, Commissioner
EXHIBIT A
FINDINGS FOR EXEMPTING JAIL CONSTRUCTION
FROM COMPETITIVE BIDDING
The Board of County Commissioners of Deschutes County, Oregon, sitting as the local
contract review board (`Board"), finds as follows:
Authority to exempt contract from competitive bidding. ORS 279C.335 and the Deschutes
County Code authorize the Board, acting as the local contract review board, to exempt certain
contracts from competitive bidding upon approval of appropriate findings. Public contracts may
be exempted from the competitive bidding requirements if (a) it is unlikely the exemption will
encourage favoritism in the awarding of public contracts or substantially diminish competition
for public improvement contracts and (b) the awarding of public contracts pursuant to the
exemption will likely result in substantial cost savings to the public contracting agency. In
making such findings, the Board may consider the type, cost, amount of the contract, number of
persons available to bid and such other factors as may be deemed appropriate.
The Board makes the following findings in support of the exemption and in compliance
with the statutory requirements described above.
Project Description
The Deschutes County Adult Jail opened in October 1994. Current maximum capacity is 228
inmates, including pretrial and sentenced offenders. Deschutes County plans to increase jail
capacity by adding new jail space and remodeling existing space. The number of jail beds after
construction will total approximately 560.
The anticipated size of the project is approximately 90,000 gross square feet consisting of 74,000
gross square feet of new construction and 16,000 gross square feet of selective demolition and
renovation within the existing jail building. As the current facility is and would remain fully
operational jail while construction activities occur within the security perimeter, it will be
mandatory to develop a construction phasing plan which addresses these unusual conflicts.
The project's scope of work will consist of constructing new medium/maximum security inmate
housing; renovating and expanding adjacent spaces for intake, release, and inmate processing
functions; constructing new and renovating existing spaces for inmate support (video visitation,
program room, etc.) and staff support (briefing, locker rooms, break room, etc.); expanding
kitchen and laundry facilities into adjacent spaces; expanding and renovating space for
administration; constructing new court space and expanding current court operations; installing a
new mechanical plant; and creating other support spaces necessary for a fully functional jail.
Site work will include constructing new roadways, parking areas, sidewalks, security fencing,
and vehicle sally port.
Draft Findings for Exemption to Competitive Bidding Requirements — Jail Expansion
This project is under consideration for an exemption of the competitive bidding
requirements due to the potential time and cost savings to be realized and the technical
complexity of the work.
FINDINGS
No Favoritism or Diminished Competition
The construction manager/general contractor (CM/GC) method of contracting is competitive,
and all eligible general contractors may submit a response to the Request for Proposals issued on
the project. The final consideration takes into account price along with other factors, rather than
just lowest price alone. If the CM/GC method is used, the County would require all work,
including work that the general contractor would perform with the contractor's own forces be
subject to competitive bids.
Time Constraints
The current jail is at maximum occupancy. A matrix system is in place to determine
which inmates will be released before fully serving their sentence due to overcrowding. The
County needs new jail beds to be made available as soon as possible to curtail such early
releases. A CM/GC method of contracting will shorten the overall project timeline as some
construction activity (early submittals, mobilization, subcontracting, etc.) commences prior
to completion of the full construction documents.
The CM/GC method will also minimize the timeline as there are likely to be fewer
RFIs (requests for information), change orders, and disputes during construction because the
contractor is more closely involved in the design phase than would a conventional low bid
contractor.
Complexity of Project
The project consists of construction of new jail space as well as select demolition and
remodel of existing space in a highly specialized, secure incarceration facility. As a result, a
high level of collaboration is needed between contracting agency, designer, and contractor in
which contractor will assist in addressing specific project challenges through preconstruction
personal services. Contractor's early input is necessary on issues, such as operation of the
facility during construction to ensure that security of existing jail operations is not
compromised.
Cost Savings
Early contractor input during the design process is expected to contribute to
significant cost savings by factoring in value engineering, best practices, and most efficient
methods during the design phase and by preventing frequent change orders during
construction. In addition, the process generally minimizes the chance of dispute during a
project which can often contribute to increased cost.
Draft Findings for Exemption to Competitive Bidding Requirements — Jail Expansion
The CM/GC method allows for changes during preliminary stages rather than after final design
work has been completed. The process integrates value engineering suggestions into the design
phase, resulting in fewer contract changes during construction. Contractor is able to provide
immediate feedback regarding design considerations, reducing the risk of design flaws,
misunderstandings, and conflicts. This collaboration is also conducive to innovative design
solutions. Contractor is held to a higher standard when interpreting the intent of the documents,
normally resulting in fewer change orders or claims against the project.
Draft Findings for Exemption to Competitive Bidding Requirements — Jail Expansion