THE HOOD RIVER CITY COUNCIL
ACTING AS THE CONTRACT REVIEW BOARD
FOR THE CITY OF HOOD RIVER, OREGON
Resolution No. 2011-30

A Resolution granting an exemption from the competitive bidding requirements for Moore Excavation Incorporated for the East Marina Way Gravity Sewer pursuant to HRMC 2.32.040(B)(4) and ORS 279C.335.

    The Hood River City Council finds as follows:

    WHEREAS, HRMC 2.32.040(B)(4) allows the Contract Review Board to grant specific exemptions from the competitive bid requirements that would otherwise apply to contracts for the construction of a public improvement so long as the requirements set forth in ORS 279C.335(2) are met and findings to that effect are adopted by resolution; and

    WHEREAS, the city is currently collaborating with ODOT on the reconstruction of segments of I-84 and certain interchanges within the City, and the contractor for that public improvement project is Moore Excavation Incorporated (MEI), which was awarded the contract for that work through a competitive bidding process that complied with the requirements of ORS chapter 279C; and

    WHEREAS, the City now needs to replace the sanitary sewer pump station in the vicinity of the Highway 35 and Marina Drive intersection and construct a gravity sanitary sewer main across Button Bridge Road on the north side of I-84 at Exit 64 – collectively known as the East Marina Way Gravity Sewer Project; and

    WHEREAS, MEI is already fully mobilized on-site and familiar with the I-84 project and the location of all utilities in and around the Hood River I-84 exits and is ready, willing and prepared to perform the East Marina Way Gravity Sewer Project as an extension of its I-84 work; and

    WHEREAS, to allow MEI to perform the construction work for the East Marina Way Gravity Sewer Project and realize the cost savings that can be achieved by MEI performing this work as an extension of its I-84 work, it is necessary for the City exempt the project from the competitive bid requirements that would otherwise apply; and

    WHEREAS, to qualify for such an exemption, ORS 279C.335 requires findings that award of the contract without full compliance with the competitive procurement requirements (a) is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts; and (b) will likely result in substantial cost savings to the city; and

    WHEREAS, MEI is the prime general contractor with ODOT on the I-84 project and in that capacity is fully mobilized with heavy equipment and construction crews and is already familiar with the I-84 exits and the location of all utilities through and near those exits; and

    WHEREAS, in this capacity, MEI is in a unique position to achieve and pass on to the City substantial cost savings if it were to remain on-site and extend its current work to include the East Marina Way Gravity Sewer Project, and no other contractor is similarly situated to achieve or pass-on such savings; and

    WHEREAS, ODOT and the City went through a competitive bid process for the I-84 project, whereby MEI was the lowest responsible bidder; and

    WHEREAS, the staff report on this project associated with the exemption to the public bidding process explains more fully the cost savings the city stands to realize and how awarding the East Marina Way Gravity Sewer Project construction contract to MEI will not encourage favoritism or substantially diminish competition for public contracts.  The staff report is hereby adopted and incorporated herein by this reference as additional findings in support of this bid exemption; and

    WHEREAS, the City Council, acting as the Contract Review Board, considered this bid exemption at the Council’s regular meeting on August 8, 2011, at which time the Council accepted and considered public testimony on the proposed resolution and bid exemption.

    NOW THEREFORE, based on the foregoing Findings and the attached staff report, which is incorporated herein by this reference, the Hood River City Council, acting as the Contract Review Board, hereby resolves that the contract for the construction of East Marina Way Gravity Sewer Project by Moore Excavation Incorporated is unlikely to encourage favoritism or substantially diminish competition for public contracts and will likely result in a substantial cost savings to the City.

    BE IT FURTHER RESOLVED, by the Hood River City Council, acting as the Contract Review Board that the contract for the construction of East Marina Way Gravity Sewer Project by Moore Excavation Incorporated shall be exempt from the competitive procurement requirements of HRMC chapter 2.32 and the corresponding competitive bidding requirements of ORS chapter 279C.
    
    Passed, adopted and effective this 8th  day of August 2011 by a majority of the Hood River City Council acting as the Contract Review Board.


                                            
                        Arthur Babitz, Mayor

ATTEST:


                    
Jennifer Gray, City Recorder    Approved as to form:


                    
Daniel Kearns, City Attorney