Legislative Council Joint Meeting with the Correctional Facility Review Committee

NORTH DAKOTA LEGISLATIVE COUNCIL Minutes of the LEGISLATIVE COUNCIL JOINT MEETING WITH THE CORRECTIONAL FACILITY REVIEW COMMITTEE Teleconference Meeting Thursday, September 6, 2007 Prairie Room, State Capitol Bismarck, North Dakota Representative Al Carlson, Chairman, called the the Legislative Council staff received proposals from meeting to order at 8:30 a.m. seven companies: Members present: Representatives Al Carlson, 1. Syscon Justice Systems, Inc., Folsom, Rick Berg, Merle Boucher, Jeff Delzer, Shirley Meyer, California. Phillip Mueller, Chet Pollert, Bob Skarphol; Senators 2. The Durrant Group, Inc., Denver, Colorado. Dick Dever, Tim Flakoll, Ray Holmberg, David 3. Foss Architecture and Interiors, Ltd., Fargo, O'Connell, Larry J. Robinson, Bob Stenehjem, Rich North Dakota. Wardner 4. KMD Justice, San Francisco, California. Members absent: Representative Lee Kaldor; 5. Criminal Justice Institute, Inc., Middletown, Senator Joel C. Heitkamp Connecticut. Others present: Representatives Ralph Metcalf, 6. EAPC, Bismarck, North Dakota. Alon Wieland, Senator Tony Grindberg; Correctional 7. HDR Architecture, Inc., Chicago, Illinois, in Facility Review Committee association with Ritterbush-Ellig-Hulsing, PC, Jay E. Buringrud, Jim W. Smith; Legislative Bismarck, North Dakota. Council, Bismarck Representative Pollert said the Correctional Facility See attached appendix for additional persons Review Committee, based on presentations from all present. seven companies at its August 21, 2007, meeting, It was moved by Senator Stenehjem, seconded selected the following three companies in priority by Senator Wardner, and carried on a voice vote order: to dispense with the reading of the minutes of the 1. Criminal Justice Institute, Inc. - Criminal June 6, 2007, meeting and to approve the minutes Justice Institute, Inc., is a private not-for- as distributed. profit, national correctional planning, Chairman Carlson called on Representative Chet programming, research, and evaluation firm Pollert, Chairman, Correctional Facility Review based in Middletown, Connecticut. Team Committee, for an overview of the committee's review members include DMJM, a prison of consultant proposals for the development of architectural firm from Orange, California; The correctional facility concepts and the committee's Louis Berger Group, a site evaluation firm recommendation. Representative Pollert said a from Florham Park, New Jersey; and request for proposal, based on Section 10 of Parametrix, Inc., a cost estimating firm from 2007 House Bill No. 1015, was sent to 27 potential Sumner, Washington. consultants on June 18, 2007. He said the study is to 2. HDR Architecture, Inc. - In association with include a comprehensive review of the current State Ritterbush-Ellig-Hulsing, PC. HDR is an Penitentiary facility and the Missouri River architecture and engineering firm based in Correctional Center and the development of three Chicago, Illinois. Ritterbush-Ellig-Hulsing is a correctional facility concepts: multidisciplined architectural firm based in 1. Construction of a new correctional facility on Bismarck. Team members include Carter the existing State Penitentiary site; Goble Lee, a correctional facility consulting 2. Construction of a new correctional facility at a firm from Columbia, South Carolina; Parsons site other than the State Penitentiary site; and Commercial Technology Group, a 3. Remodeling of the existing State Penitentiary construction management and cost facility. estimating firm from Minneapolis, Minnesota; Representative Pollert said the request for Swenson Hagen & Company, a civil proposal provided that selection of the consultant was engineering and land surveying firm from to be made by the Correctional Facility Review Bismarck; Prairie Engineering, an electrical Committee, subject to Legislative Council approval. and mechanical engineering firm from He said the proposals were to be submitted to the Bismarck; Ulteig Engineers, Inc., from Legislative Council office by August 3, 2007. He said Legislative Council 2 September 6, 2007 Bismarck; and Midwest Testing Laboratory, a Representative Pollert said both HDR Architecture geotechnical engineering firm from Bismarck. and Criminal Justice Institute have prior experience 3. KMD Justice - KMD is a criminal justice with the Department of Corrections and Rehabilitation. facility design firm from San Francisco, In response to a question from Representative California. The KMD team includes Fuller, Mueller, Representative Pollert said the first vote Coe & Associates, a master planning firm taken by the Correctional Facility Review Committee from Sacramento, California. was to determine the top three choices from the seven Representative Pollert said the Legislative Council finalists. He said each first place choice was given staff conducted reference checks and all companies three points, each second place choice was given two received positive references, except KMD Justice points, and each third place choice was given one which received negative comments from two point. Based on this point system, he said, Criminal references. One reference said it would not use KMD Justice Institute and HDR Architecture each received for full design work. One reference said KMD did not 10 points and KMD Justice received 7 points. He said provide design services in a timely manner and did the second vote taken by the committee was to rank not provide adequate construction support. the top three companies in priority order. Using the Representative Pollert said the Correctional Facility same point system, he said, Criminal Justice Institute Review Committee recommends as its first priority received 15 points, HDR Architecture received Criminal Justice Institute, Inc., to provide the 13 points, and KMD Justice received 8 points. consulting services for the committee, subject to Representative Wieland said he supports Criminal Legislative Council approval. Justice Institute. He said HDR Architecture is very Representative Pollert provided a summary of cooperative to work with; however, HDR Architecture's proposed costs for the three selected companies: close association with the Governor's office and the • Criminal Justice Institute - $248,869. Department of Corrections and Rehabilitation on a • HDR Architecture - $236,000. prior proposal would not allow for a fresh perspective. • KMD Justice - $285,000. In response to a question from Representative Representative Pollert said KMD Justice changed Carlson, the legislative budget analyst and auditor the scope of its proposal. He said KMD Justice stated said the Correctional Facility Review Committee has the proposed fee of $285,000 could be reduced to submitted three companies in priority order for reflect the change in scope. Legislative Council approval. He said if the Representative Metcalf said the difference in Legislative Council does not approve the first "balloting points" between Criminal Justice Institute selection, it would be appropriate for the Legislative and HDR Architecture was minimal. He said HDR Council to consider the second and third selections. Architecture should be moved to the first priority Senator Robinson said the selected company will position because of its knowledge of the State rely on past studies and reviews. He said he supports Penitentiary and its lower proposed cost. HDR Architecture because of its familiarity with the Representative Pollert said he believes according region and lower proposed cost. to Section 10 of House Bill No. 1015, the Correctional Senator Stenehjem said to clarify the voting Facility Review Committee is to forward its process the first vote taken by the Correctional Facility recommendation to the Legislative Council for its Review Committee included all seven potential approval. consultants and the second vote only included the top In response to a question from Representative three finalists. Carlson, the legislative budget analyst and auditor Senator Grindberg said Criminal Justice Institute said Section 10 of 2007 House Bill No. 1015 provides has the depth and experience to meet the high that the Legislative Council appoint a Correctional expectations of the correctional facility review study. Facility Review Committee to engage consultant and Senator Holmberg said regardless of prior architectural services, subject to Legislative Council experience with the Department of Corrections and approval. He said the committee has brought forth its Rehabilitation the Legislative Council needs to recommendation and it is up to the Legislative Council approve the best company. He said he supports as to how to proceed. Criminal Justice Institute. Representative Berg said it would be appropriate Representative Pollert said Criminal Justice to vote on the recommendation made by the Institute in its presentation indicated it would be very Correctional Facility Review Committee and then hands-on throughout the project. He said its discuss other options if the recommendation is not proposed timeline includes monthly meetings with the approved. Correctional Facility Review Committee and In response to a question from Senator Flakoll, conference calls between visits. Representative Carlson said HDR Architecture did not It was moved by Representative Pollert, provide information on the percentage of work to be seconded by Representative Berg, and carried on completed by local firms. He said any of the a roll call vote that the Legislative Council companies, if selected, could engage local firms to contract with Criminal

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