2006-486-Resolution No. 2006-038 Recorded 5/11/2006EVIE
W, - �, 7W
LEGAL COUNSEL
DESCHUTES
COUNTY CLERK
CJ X006.486
NANCY
COMMISSIONERS' JOURNAL ,
11111111111111111111111111111111
200.0-486
05/11/1006 04, 48.04 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving a Special Procurement
for Engineering Services relating to Design and * RESOLUTION NO. 2006-038
Administration for Construction of Cell 4 at Knott
Landfill.
WHEREAS, ORS 279B.055, 27913.060, 27913.065 and 27913.070 and rules adopted thereunder
generally provide that contracts for goods and services be procured through a competitive process; and
WHEREAS, ORS 27913.085 allows a contracting agency to approve a special procurement for particular
contracts upon the making of certain findings by the local contract review board of the contracting agency; and
WHEREAS, the Deschutes County Code ("DCC"), Section 2.37.030 designates the Board of County
Commissioners to act as the local contract review board; and
WHEREAS, the County has published notice of public hearing and the Board has conducted such
hearing and received all comments that were submitted on this proposed special procurement; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES
COUNTY, OREGON, acting in its capacity as the local contract review board as follows:
Section 1. Based upon the information stated in this Resolution, testimony received by the Board at a
public hearing, and Exhibit A, which is adopted and incorporated herein, the Board hereby finds that it is
unlikely that authorizing this special procurement will encourage favoritism in the awarding of public contracts;
and, either (a) result in substantial cost savings to the County or the public, or (b) substantially promote the
public interest in a manner that could not practicably be realized by complying with ORS 279B.055, 279B.060,
27913.065 or 27913.070.
Section 2. Based upon the above findings, a special procurement process is hereby approved for
engineering services relating to the design and administration for construction of Cell 4 at Knott Landfill. The
Director or Solid Waste or his designate is authorized to issue a request for proposals to three qualified
engineering firms, to require proposals to be submitted on an expedited basis, to evaluate proposals in
accordance with the evaluation criteria generally described in Exhibit A, and to recommend the best proposal to
the Board for approval.
Section 3. Any person who wishes to file a protest must submit a written notice of appeal with the
County's Purchasing Agent in accordance with DCC 2.37.140 no later than May 15, 2006.
PAGE 1 OF 2 —RESOLUTION NO. 2006-038 (05/10/06)
Section 4. This Resolution shall become effective immediately upon its adoption.
DATED this /a day of _'2006.
ATTEST:
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Recording Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2006-038 (05/10/06)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTE�, COUNTY, OREGON
DEM4 R. LUKE,
BEV CLIARNO, Vice -Chair
Azol
AM DAL , Com issioner
MEMORANDUM
To: The Board of County Commissioners, acting as the Local Contract Review Board
From: Timm Schimke, Director of Department of Solid Waste
CC: Mark Pilliod; Mike Maier
Date: May 10, 2006
Re: Request for Special Procurement
The Department of Solid Waste is hereby requesting a Special Procurement to obtain
engineering services associated with the design and administration of construction of Cell 4 at
Knott Landfill. The engineering services include cell design services, preparation of
construction contract documents, and cell construction oversight services. Engineering services
will be provided for a single project — Cell 4 construction.
Cell design and construction at Knott Landfill has followed a sequence where the cells are sized
to provide for 3 years' capacity. To accommodate anticipated growth, Cell 3 was constructed
with a capacity that was approximately 25% greater than Cell 2. At the time that Cell 3 was
completed in July, 2004, it was anticipated that the cell would have sufficient capacity to last
through July, 2007. This projection was based on a capacity of 700,000 cubic yards of airspace
in Cell 3.
It is estimated that design and construction would take 6 '/2 to 7 months. To save time,
solicitation and award of the construction contract would take place concurrent with DEQ
approval, which is required before construction can begin. The Solid Waste Department has
worked cooperatively with the DEQ on prior cell construction and is confident that the DEQ will
support the County's goals and expedite their approval process.
Unanticipated increases in the Department's solid waste flow has resulted in the need to expedite
the construction of Cell 4. The following table shows a history of waste flows, and a projected
flow for 2006. As you can see, annual increases in flow have averaged 8.2%. Records for the
first quarter of 2006 show that we are on track for a 19% increase this year.
Year
Tons Disposed
% increase
2002
127,949
2003
137,641
7.5%
2004
154,148
11.9
2005
162,351
5.3%
Average increase
8.2%
Qtr 1, 2005 34,057
Qtr 1, 2006 40,527 19%
Page 1 of 3 — Request for Special Procurement; Knott Landfill Cell 4— Resolution No. 2006-038
It should also be noted that the first quarter of a year typically produces the lightest waste flows
of the year. Waste volumes during the remaining months of the year are projected to be higher,
and the potential for even larger increases than those experienced in the first quarter is probable.
Based on expected flow rates (8%), the anticipated date for Cell 3 to reach capacity was June,
2007. With the actual increase in flows recorded thus far this year, we feel that the expected date
for Cell 3 to reach capacity is December, 2006. Thus, we need to have Cell 4 constructed by the
end of 2006. Installation of liner systems is very weather dependent and delays of any
significance that would push construction into winter would likely result in extended suspension
of construction activity which pushes the schedule even further. Based on these factors and a
reasonable contingency, the following schedule is required.
Task Date Complete
Special Procurement and execution of engineering contract (4 weeks) June 7, 2006
Design work and DEQ approval (2 %2 to 3 months) Sept. 1, 2006
Solicitation and award of construction contract (concurrent with design) Sept 1. 2006
Cell construction (4 months) Jan. 1, 2007
The Department will look at the proposed final contours of the landfill's existing cells in an
effort to identify additional airspace without exceeding DEQ or design standards in order to
provide additional "contingency airspace" should we have difficulty meeting this timeline.
Potential consequences of reaching Cell 3 capacity
The alternative to taking the required action to provide landfill capacity beyond Cell 3 when
needed will result in the need to transport some or all of our waste to another landfill. Crook
County operates a landfill that could accept a portion of our waste stream, though it is unlikely
that they could accommodate all of Deschutes County's waste.
The County's current transfer station system would allow the diversion of about 30% of the
county's waste to another landfill, such as Crook County, with relative ease. However, there are
significant consequences. This alternative would result in additional costs of at least $25 per ton
for any waste disposed in another landfill. Additional transportation costs will also be incurred
for any waste other than the waste from the Negus Transfer station in Redmond which has a
similar distance to either Knott Landfill or the Crook County landfill. The financial impact
discussed here could be between $1.5 and $2 million. These costs would be expected to be
passed on to the customers of the waste haulers.
It should also be noted that shipping our waste to another landfill has other consequences beyond
the obvious cost implications. Deschutes County bears the liability for its waste where ever it is
eventually disposed. If we choose, or are required to add our waste to other waste at a regional
landfill, we then have a responsibility for any environmental problems which that landfill may
Page 2 of 3 — Request for Special Procurement; Knott Landfill Cell 4— Resolution No. 2006-038
encounter in the future. This can have significant impacts to our system, and should be
considered carefully before any decision of this nature is made.
We are requesting a Special Procurement that would consist of a limited solicitation for services.
Three qualified firms: Kleinfelder, The Shaw Group, and URS Corporation would be furnished
with a request for proposals (RFP) for which proposals would be required to be submitted within
2 weeks of receipt. All supporting documentation required to prepare proposals would be
available only at the offices of the Department of Solid Waste. Responses will be scored and
rated by a selection committee according to criteria listed in the RFP. We estimate that this
procurement will shorten the time needed to secure an engineering contract as much as 2 months
from a traditional RFP approach.
In summary, unanticipated and uncharacteristic waste flow increases have created the need to
construct the next cell at Knott Landfill in a very short timeframe. We are requesting a Special
Procurement in order to minimize the time needed to meet this construction requirement. The
Board may approve a Special Procurement, including an alternative contracting procedure, based
upon a finding that it:
1. Will not encourage favoritism or substantially diminish competition. Three firms will be
invited to submit competitive proposals. An award will be based upon the best proposal,
considering cost, qualifications, and the ability to perform in the timeframes required; and
2. Will result in a cost savings to the public of as much as 1.5 to 2 million dollars by
avoiding the need to ship our waste to another landfill; or
3. Otherwise substantially promote the public interest in a manner that could not practicably
be realized by complying with requirements that are applicable under ORS 27913.055,
27913.060, 27913.065 or 27913.070.
Page 3 of 3 — Request for Special Procurement; Knott Landfill Cell 4— Resolution No. 2006-038