HomeMy WebLinkAboutResolution 05-53 11/08/2005
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RESOLUTION NO. 05-53
A RESOLUTION EXEMPTING THE SPRINGFIELD JUSTICE CENTER PROJECT FROM
COMPETITIVE BIDDING, AND AUTHORIZING THE USE OF CONSTRUCTION
MANAGER! GENERAL CONTRACTOR (CM/GC) PROJECT DELIVERY SYSTEM FOR
THE DESIGN AND CONSTRUCTION OF THE SPRINGFIELD JUSTICE CENTER IN
SPRINGFIELD, TO BE IMPLEMENTED ACCORDING TO THE RULES DESCRIBED IN
THE CONTRACT DOCUMENTS.
WHEREAS, in November 2004, the City of Springfield voters passed a $28.6 million bond
measure for the design and construction of a Springfield Justice Center to include a Police
Department, Municipal Court, Prosecutor's Office, parking areas and possibly other adjacent
areas or buildings. In addition to these functions, it is anticipated that the new facility complex
will incorporate a new City Jail which will include approximately 100 beds for inmates, and
WHEREAS, The proposed site for the new facility complex includes the present Police
Department, Municpal Courts, and Prosecutors Office, and
WHEREAS, Phasing of the construction work may need to occur if it is determined that the
existing police, court, and/or prosecutor functions must remain in operation during the
construction ofthe new facility, and
WHEREAS the Springfield Common Council is the Contract Review Board for the City, and
WHEREAS, the Springfield Common Council has reviewed the applicable Findings of Fact,
Conclusions of Law and Construction Exemption Resolution for the CM/GC Process for the City
of Springfield, prepared by City of Springfield staff, dated October 19, 2005, whichis attached
as part of this Resolution, and
WHEREAS, the Springfield City Council has conducted a public hearing and considered
testimony and other evidence from the public on the subject of whether the use ofthe Contract
Manager/General Contractor ("CM/GC") project delivery method is in the public interest.
THE CITY OF SPRINGFIELD MAKES THE FOLLOWING FINDINGS:
1. The City of Springfield has determined that, in response to the
community's desires for increased public safety, a new Springfield Justice Center
in downtown Springfield is needed to adequately provide for the public's health,
safety and welfare; and
2. The ability to fund the Justice Center with available revenue requires that
value engineering be employed throughout the design and construction processes
to ensure that the building is completed within the target budget; and
3. The complex design and construction requirementS unique to the deslgll
selected for the Springfield Justice Center, including but not limited to design of
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complex security systems, the probable site being occupied by the Police
Department, Municipal Courts, and City Prosecutor's Office, and the ability for
Police and Courts to maintain ongoing operations, and the possibility of phased
construction, require close communication between the City of Springfield, the
facility architect, and the general contractor to ensure that all project requirements
are met in a coordinated, cost effective manner; and
4. The Construction Manager/General Contractor ("CM/GC") bidding and
project delivery method provides for the close communication between the City
of Springfield, the facility architect, and the general contractor necessary to
produce a coordinated, cost saving completion of the project; and
5. This exemption request complies with the criteria outlined in ORS
279C.335(2), and City of Springfield City Public Contract Rules Sections
2.703(1) and (13), in that it is unlikely that the exemption will encourage
favoritism or substantially diminish competition, as the selection process for the
CM/GC will be open to all interested, qualified proposers, in accordance with the
Attorney General's Model Public Contracting Rules, OAR Chapter 137, Division
49, and the City's Public Contracting rules. The subcontracting process will also
be open to all interested offerors, and subcontracts will generally be awarded to
the responsible firms submitting the lowest responsive offers; and
6. The CM/GC bidding method is widely used and recognized on projects of
this type as an effective means of controlling project costs and generally produces
greater value for the funds spent; and
7. The CM/GC project delivery system utilizes a competitive selection
process to select the project's designer and general contractor, thereby ensuring a
fair, competitive process to determine the most qualified project team; and
8. Based on the attached findings it is unlikely that exempting the design and
construction of the Springfield Justice Center from the public contracting law
competitive bidding process to the extent necessary to use the CM/GC method
will encourage favoritism in the awarding of public contracts or substantially
diminish competition in the award of this contract; and
9. Based on the attached findings, utilization of the CM/GC method will
result in substantial cost savings over the conventional design-bid-build method,
as the CM/GC process provides a guarantee of cost and schedule, which is not
provided by the use of a conventional construction manager coordinating phased
construction for multiple design-bid-build contracts, and because the project will
be constructed on the existing site, and Police and Court operations must be
maintained throughout construction.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
Resolution No. 05-53
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The Springfield Common Council, acting as the Public Contract Review Board for the City,
exempts the project(s) described herein from competitive bidding, and authorizes the
construction of the project(s) through the use of the construction manager/general contractor
(CM/GC) process, to be implemented according to the rules described in the contract documents.
The City Manager, or designee, is authorized to procure the services of a qualified CM/GC firm.
Pre-construction services are authorized to begin as appropriate. Construction services shall not
begin until there is certainty of the operational funding source for the Jail, unless otherwise
. authorized by the Council.
ADOPTED by the Common Council of the City of Springfield this 7th day of November 2005,
by a vote of ~ for and ~ against.
fthe City of Springfield this 8th day of November 2005.
REVIEWED & APPROVED
AS TO FORM
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DATE: t \;) 1:2.f::, 10->
OFFICE OF CITY ATTORNEY
ATTEST:
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City Recorde
Resolution No. 05-53