Findings of Fact for Construction Manager/General Contractor Alternative Form of Contracting

Conceptual design of new office and meeting facility

The management team for the Clackamas Soil and Water Conservation District (CSWCD) is working to develop plans for renovation, new construction, and associated site improvements at 22055 S. Beavercreek Road, Beavercreek, Oregon.

The new buildings will house the CSWCD’s administrative offices and staff when the District’s current office lease expires.

Unique challenges presented

For the reasons detailed in the complete Findings of Fact, the proposed construction presents unique challenges because the construction window is compressed, deconstruction of existing buildings and infrastructure is needed before construction can proceed, the construction budget is limited, and the District does not have the expertise necessary to manage all details of the construction process.

Construction Manager/General Contractor process recommended

In considering the unique nature of the project, the team has evaluated various methods that could be used to complete the Project, and for the reasons described in these Findings recommends using a Construction Management/General Contractor (CM/GC) process.

Typically, public construction projects are competitively bid after the design and other pre-construction processes are complete, and the contract is awarded to the lowest responsive, responsible bidder, using an Invitation to Bid.

In comparison, selection of a CM/GC firm uses a Request for Proposal rather than a traditional Invitation to Bid, and the resulting contract consists of a personal services portion for pre-construction services, and a construction contract portion for work the individual or firm will be performing or managing, with a Guaranteed Maximum Price (GMP). A key benefit to this alternative is that it involves the construction contractor’s expertise early in the process, which can save time and money.

CSWCD Board of Directors may allow alternative contracting

Oregon Revised Statutes (ORS) 279C.335 permits the CSWCD Board of Directors, acting as the Local Public Contract Review Board, to exempt specific projects from the standard competitive bidding requirements of ORS 279C; specifically, that the Local Contract Review Board shall: “where appropriate, direct the use of alternative contracting and purchasing practices that take account of market realities and modern or innovative contracting and purchasing methods, which are also consistent with the public policy of encouraging competition.”

Oregon law requires the CSWCD to adopt a resolution exempting the CM/GC contract from competitive bidding so that the alternative process may be used. Before authorizing the exemption, the CSWCD’s board must consider and adopt specific written findings to support the exemption. The findings must demonstrate, at minimum, that using the CM/GC process will save costs and/or provide substantial other benefits; and will prevent favoritism and encourage competition in awarding public contracts.

Public hearing to be held

ORS 279C.335(5) requires the CSWCD to hold a public hearing of the Local Contract Review Board to allow comments on the CSWCD draft findings. Notice of this public hearing must be advertised in at least one trade newspaper of general statewide circulation not less than 14 days prior to the hearing. Following the Hearing, the Board may adopt, modify or reject the proposed findings.

Notice of public hearing was advertised on November 24, 2017, in the Daily Journal of Commerce and on the CSWCD website. The public hearing will be held on December 8, 2017 at 4:00 pm in the CSWCD office at 221 Molalla Avenue, Suite 102, in Oregon City, Oregon.

Download the complete document

Download the Findings of Fact: CMGC-Findings_of_Fact-ClackamasSWCD-24Nov2017

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