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2008-826-Resolution No. 2008-124 Recorded 8/29/2008REVIEVI��� LE AL CO DESCHUTES COUNTY OFFICIAL RECORDS CJ ?408'876 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL At/1511O08 O8118144 AM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution to Award a Contract for Architectural Services Related to the Design * RESOLUTION NO. 2008-124 of a Mental Health Residential Treatment Center as a Contract Specific Special Procurement 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 279B.085 and the Deschutes County Code authorize the Board of County Commissioners, acting as the local contract review board, to award contracts using the special procurement method. A special procurement includes contract -specific special procurement, which is a contracting procedure that is for the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project; and WHEREAS, ORS 27913.085 requires that the contract review board make findings to support the award of a contract under the special procurement procedures; 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 recitals in this Resolution and the Memorandum, marked Exhibit A, which is attached and incorporated herein, the Board hereby approves the award of an architectural services contract for the design of a mental health residential treatment center pursuant to the contract specific special procurement procedure, authorized by ORS 27913.085, to Pinnacle Architecture, Inc. The final terms and conditions of this contract are subject to legal review and Board approval. PAGE 1 OF 2 - RESOLUTION NO. 2008-124 Section 2. This Resolution shall become effective immediately upon its adoption. DATED this day of ATTEST: Recording Secretary PAGE 2 OF 2 - RESOLUTION NO. 2008-124 _ dt' '2008. BOAL OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Z. e�� -- DE IS R. LUKE-, air TAMM ANE M LTON, Vice Chair 101 TES J� ��, Property & Facilities Department p �, Susan C. Ross, Director 14 NW Kearney Street, Bend, OR 97701-1960 (541) 388-6594 • Fax: (541) 317-3168 EXHIBIT A www. co. deschutes. or. us MEMORANDUM August 27, 2008 TO: Board of County Commissioners, acting as the Local Contract Review Board FROM: Susan Ross, .Property and Facilities Director CC: Mark Pilliod, .Legal Counsel Dave Kanner, County Administrator Erik Kropp, Assistant County Administrator Re: Request for Special Procurement Authority to exempt contract from competitive bidding. ORS 279B.085 and the Deschutes County Code authorize the Board of County Commissioners, acting as the local contract review board, to award contracts using the contract -specific special procurement method. A contract -specific special procurement is a contracting procedure that is for the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project. In response to a written request submitted by the contracting agency describing the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify use of the special procurement, the local contract review board may approve a special procurement if it finds that (a) it is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b) it is reasonably expected to result in substantial cost savings to the contracting agency or to the public, or otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with the competitive bidding requirements. Public notice of this proposed contract -specific special procurement has been given in the manner prescribed by ORS 27913.055. Quality Services Performed with Pride The Board makes the following findings in support of the exemption and in compliance with the statutory requirements described above. Project Description Deschutes County will be constructing a mental health residential treatment center. Funding for operation of this facility will be provided by the State of Oregon Mental Health Division. The State Mental Health Division has awarded the operation of the facility to Telecare, a for-profit organization that develops and operates numerous mental health treatment facilities throughout Oregon and the Northwest. Telecare has determined that the design of the facility will be the same as a previously -constructed mental health residential treatment facility designed by Pinnacle Architecture, Inc. of Bend, Oregon. This will be a 16 -bed facility licensed by the State of Oregon as a Secure Residential Treatment Facility (SRTF). Sageview House, the facility previously designed by Pinnacle Architecture, was also designed and built as an SRTF facility. Because the plans for Sageview House are the property of the original designer, Pinnacle Architecture, staff is requesting that the Deschutes County Contract Review Board award a contract -specific special procurement contract for architectural services to Pinnacle Architecture. This project was originally included in the scope of work for design services for the public safety buildings project (which included the Oregon State Police/911 building). There were ten (10) proposals. The County issued an addendum to solicitation, which authorized the County to split the separate buildings into two projects. The average fee of the 10 proposers was approximately $121,000. The fee proposed for the mental health facility submitted by the architect selected for the public safety buildings project was $104,000. Pinnacle Architecture has agreed to a fee of $70,000 to prepare construction documents based on their existing plans. This fee includes construction management oversight and all standard consulting costs associated with development of construction drawings. Utilizing existing plans will also allow the project to be completed much quicker, as programming, schematic, and design development phases, which can take months, can be avoided. There will be some modifications to accommodate this specific use, then we will move directly into construction document phase. Estimated time savings is at least six months off the total project timeline. In terms of whether this award is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition, the selection process was competitive. Proposals included two distinct projects and the price associated with the mental health treatment facility would have been $104,000. This compares with the $70,000 associated with Pinnacle. In terms of whether the award is reasonably expected to result in substantial cost savings to the contracting agency or to the public, or otherwise substantially promotes the public interest, a savings of approximately $34,000 can be achieved, as well as substantial savings in the time devoted to the design process. Conclusion The Board should conclude that the proposed project is appropriate for award under the contract -specific special procurement procedures established by ORS 279B.085 for design services associated with a mental health residential treatment center.