LCRB Resolution No. 07-01 CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD
RESOLUTION NO. 07- 0)
A RESOLUTION TO APPROVE FINDINGS FOR AN EXEMPTION FROM
COMPETITIVE BIDDING UNDER PUBLIC CONTRACTING RULE 10.110 FOR THE
HITEON CREEK RIPARIAN ENHANCEMENT PROJECT AND AWARD A CONTRACT
FOR THIS PROJECT TO DEVELOPER DOUGLAS A. FRY
WHEREAS, on June 12, 2007 the City Council approved the FY '07/'08 budget which
allocated $185,000 to construct the Hiteon Creek Riparian Enhancement project; and
WHEREAS, the City has the opportunity to work with a developer on the project and would
realize cost savings through such a partnership; and
WHEREAS, under Tigard Public Contracting Rule 10.110, the Local Contract Review Board
may exempt a particular contract from formal competitive process requirements; and
WHEREAS, an exemption for this particular contract would allow the City to directly
contract with the developer and realize the cost savings; and
WHEREAS, on August 14, 2007, the Local Contract Review Board, conducted a hearing to
take comments on draft findings as required by Public Contracting rule 10.110; and
WHEREAS, the Local Contract Review Board finds that the construction of the Hiteon
Creek Riparian Enhancement Project may be best accomplished through a direct contract
with the Tigard Business Center developer Douglas A. Fry.
NOW,THEREFORE,BE IT RESOLVED by the Tigard Local Contract Review Board that:
SECTION 1: The findings shown in Attachment A are hereby adopted.
SECTION 2: An exemption is granted from competitive bidding under Public Contract Rule
10.110 for the Hiteon Creek Riparian Enhancement project and the project will be
constructed through a direct contract with Tigard Business Center developer,
Douglas A. Fry.
SECTION 3: This resolution is effective immediately upon passage.
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RESOLUTION NO. 07 -fel
Page 1
PASSED: This /—//�—day o 2007.
Local ntract Review Board Chair- City of Tigard
ATTEST:
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Local Contract Review Board Recorder-Uty of Tigard
RESOLUTION NO. 07 - o
Page 2
ATTACHMENT A
CITY OF TIGARD
H1TEON CREEK RIPARIAN ENHANCEMENT PROJECT
FINDINGS FOR AN INDIVIDUAL EXEMPTION
FROM THE FORMAL COMPETITIVE BID PROCESS
The Hiteon Creek Riparian Enhancement Project is proposed for construction
through a contract with Tigard Business Center developer, Douglas A. Fry.
The following are draft findings for an exemption from the competitive
bidding requirement in accordance with Public Contracting Rule 10.110.
Finding. The awarding of a contract pursuant to the exemption will result in
substantial cost savings to the City.
Discussion: Substantial cost savings are expected through adoption of the
contract with Mr. Fry. The following are the reasons supporting the
expectation.
• By allowing the Tigard Business Center developer to use portions of the
restoration site for wetland and stream mitigation, the developer will
finance approximately 30 percent of the project.
• The project needs to be constructed in a single phase to ensure that all
grading and planting work together as designed. By allowing the
developer to construct the project, he will have control of the quality
required to meet his mitigation requirements. These requirements will
meet or exceed the quality needed for the Hiteon Creek Riparian
Enhancement project.
• Because developers often have existing relationships with construction
companies, lower construction costs are possible.
e Savings are also realized since the developer will not have the expense of
administering a formal public bid process and simplified construction
documents will be adequate for construction.
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