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1995-06214-Resolution No. 95-037 Recorded 3/2/1995. .- �.,,..._. EVIEW ED 95-06214 11 LEG COUNS BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Exempting a Contract for *5 k Vit: 16 Preparation of a Preliminary Assessment of Ground Water Conditions at the Southwest Landfill * # RESOLUTION NO. 95-037 Vet's -0580 WHEREAS, Deschutes County Code chapter 2.36 authorizes and designates the Board of County Commissioners to serve as the local contract review board; and WHEREAS, ORS 279.015(2) and Deschutes County Code 4.04.040 authorize the local contract review board to exempt certain public contracts or classes of public contracts from competitive bidding; and WHEREAS, the Board of County Commissioners finds it in the public interest to exempt such contract from competitive bidding; and WHEREAS, the attached findings marked as Exhibit 1 have been made by the Department of Solid Waste pursuant to ORS 279.015 and submitted to the Board for approval; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the attached findings made by the Department of Solid Waste and marked as Exhibit 1 are approved. Section 2. That the contract with David Evans and Associates for preparation of a preliminary assessment of ground water conditions at the Southwest Landfill is exempt from competitive bidding pursuant to ORS 279.015(2) and Deschutes County Code 4.04.040. DATED this 1st day of March, 1995. ATT : Recording Secre dry BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON 1 - RESOLUTION 95-037 (3-1-95) NOHEC 21995 To: From: Date: Subject: MEMORANDUM Board of County Commissioners Al Driver GWt February 27, 1995 Contracts for Engineering Services 0138-0587 La 11BIT i ------------------------------------------------------------------- The Department of Solid Waste is seeking to enter into two (2) separate Personal Service Contracts with David Evans and Associates. Both contracts are for engineering services in relation to the Southwest Landfill. The first contract is for the preparation of a preliminary assessment required in determining the extent of lateral ground water contamination caused by solid waste disposal. The work involves driving probes down to the ground water outside the existing well perimeter, taking water samples and having those samples tested. The second contract is for rehabilitation of the landfill cover. In permitting the closure of the landfill, DEQ requires a certification statement from the County that the cover meets all DEQ requirements. The contractor's role is to observe and document the rehabilitation activities and prepare a report that will certify that the cover's infiltration barrier and erosion layer meets DEQ standards. It is my recommendation that these two contracts not be opened to competitive bidding. In consultation with Legal Counsel, I recommend that the Board adopt a resolution exempting both contracts from competitive bidding pursuant to ORS 279.015(2) and DCC 4.04.040. In support of this resolution, the Department of Solid Waste has made the following findings with respect to the first contract: 1. It is unlikely that such exemptions will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts since: a) provision of services under the contract is dependant on knowledge and experience gained by contractor under a prior related contract which was awarded through a competitive process b) the circumstances which warrant an exemption from the competitive bidding process are unique to this contract and will not arise in future contracts pertaining to the landfill c) if a competitive bidding process were utilized, the knowledge and experience gained by contractor under a previous related contract would weigh heavily in favor of contractor 2. Awarding the contract pursuant to the exemption will result in substantial cost savings to Deschutes County since: a) contractor performed work pursuant to a previous contract which carries over directly to services required under this contract b) in the course of providing services under the previous contract, contractor became very familiar with current ground water contamination problems at the landfill c) under the previous contract, contractor cooperated with Solid Waste staff and DEQ to develop a method for ground water testing which meets DEQ standards d) contractor has performed all previous sampling and testing of ground water from the five monitoring wells at the landfill e) contractor's familiarity with the site, established methodology and experience with sampling and testing at the landfill could not be matched by competitors without the investment of significant time and financial resources In support of this resolution, the Department of Solid Waste has made the following findings with respect to the second contract: 1. It is unlikely that such exemptions will encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts since: a) knowledge and experience gained by contractor under a prior site analysis forms the basis for provision of services under this contract and is the primary reason for selecting contractor b) the circumstances which warrant an exemption from the competitive bidding process are unique to this contract and will not arise in future contracts pertaining to the landfill c) if a competitive bidding process were utilized, the knowledge and experience gained by contractor under a previous related contract would weigh heavily in favor of contractor 0138-0580 2. Awarding the contract pursuant to the exemption will result in substantial cost savings to Deschutes County since: a) contractor performed work pursuant to a previous contract which carries over directly to services required under this contract b) in the course of providing services under a previous contract, contractor became very familiar with existing conditions at the site, soil quality, work involved in constructing a landfill cover and DEQ permitting requirements c) under the previous contract, contractor performed site analysis to assess the nature and extent of the work required and to determine whether onsite materials would meet DEQ requirements for depth, density and permeability of the landfill cover d) contractor's familiarity with site conditions, existing materials, project demands and DEQ requirements could not be matched by competitors without significant investment in time and financial resources In considering these findings, it is also important to note that David Evans and Associates has performed a variety of environmental engineering tasks for the County, maintains a local office and has an excellent working relationship with DEQ.