The URL can be used to link to this page

Home My WebLink AboutDoc 586 - Assess Demo Landfill GrndwtrDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of October 10,2012 Please see directions for completing this document on the next page. DATE: October 3, 2012 FROM: Timm Schimke. Solid Waste 541317-3177 TITLE OF AGENDA ITEM: Consideration of Chair Signature of Notice ofIntent to Award Contract to PBS Engineering and Environmental, Inc. for the Demolition Landfill Groundwater Assessment. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: The Oregon Department of Environmental Quality has required and assessment of potential impacts to the groundwater by the Demolition Landfill. Efforts will include the drilling and installation of at least three (3) groundwater monitoring wells, and other investigation and testing activities. It is anticipated that additional groundwater monitoring will be required in the future. The Department of Solid Waste issued a Request for Propals from qualified firms and received six (6) responses. All of the selection committee members rated PBS Engineering and Environmental as their top choice. FISCAL IMPLICATIONS: Costs of the project can very significantly depending on drilling conditions and testing requirements which will not be determined until initial data is obtained. We expect the project will not exceed $344,300.00 RECOMMENDATION & ACTION REQUESTED: We have had great experience with PBS in the past. I recommend signature of Notice ofIntent to Award Contract to PBS Engineering and Environmental, Inc. ATTENDANCE: Timm Schimke DISTRIBUTION OF DOCUMENTS: Fax and First Class mail to list of Proposers contained in the Notice of Intent to Award Contract Board of L..tIlIUnII:V Commissioners 1300 NW Wall St, Suite 200· Bend, OR 97701-1960 (541] 388-6570· Fax (541] 385-3202 wvvw.co. deschutes. or. us board@co.deschutes.or.us Tammy Baney Anthony DeBone Alan Unger October 10, 2012 Sent via facsimile n1(5 P9S) & First Class Mail RE: Project -Demolition Landfill Groundwater Assessment NOTICE OF INTENT TO AWARD CONTRACT On Wednesday, October 10, 2012 the Board of County Commissioners of Deschutes County, Oregon, considered proposals for the above-referenced project. The Board of County Commissioners determined that the successful proposer for the project was PBS Engineering and Environmental, Inc. of Bend, Oregon This Notice of Intent to Award Contract is issued pursuant to Oregon Administrative Rule (OAR) 137-030-0104. A copy of this Notice is being provided to each firm or person that submitted a proposal for the project. Any firm or person which believes that they are adversely affected or aggrieved by the intended award of contract set forth in this Notice may submit a written protest within seven (7) calendar days after the issuance of this Notice of Intent to Award Contract to the Board of County Commissioners of Deschutes County, Oregon, at the above address. The seven (7) calendar day protest period will expire at 5:00 PM on Wednesday, October 17, 2012. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost-Effective Manner [Name of Bidder] October 10,2012 Page 2 Any protest must be in writing and specify any grounds upon which the protest is based. A copy of OAR 137-030-0104 is attached to this Notice. If a protest is filed, a hearing will be held at 10:00 a.m. on Wednesday, October 24,2012 before the Board of County Commissioners of Deschutes County Oregon, acting as the Contract Review Board, in the Deschutes Services Building, 1300 NW Wall Street, Bend, Oregon 97701. If no protest is filed within the protest period, this Notice of Intent to Award Contract becomes an Award of Contract without further action by the Board of County Commissioners unless the Board, for good cause, rescinds this Notice before the expiration of the protest period. The successful proposer on a Deschutes County project is required to execute four (4) copies of the Contract, which will be provided when the contract is negotiated. In addition to the execution of Contract, the contractor will be required to provide a certificate of insurance. All contract copies will need to be returned to the County for execution. After all parties have Signed the contract, a copy of the contract will be forwarded to you along with a notice to proceed. If you have any questions regarding this Notice of Intent to Award Contract, or the procedures under which the County is proceeding, please contact Deschutes County Legal Counsel Bend, OR 97701, telephone (541) 388-6625 or FAX (541) 383-0496. Sincerely, BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair, County Commissioner Enclosures: OAR 137-030-0104 cc w/enc: Transmitted by Facsimile and First Class Mail on Wednesday, October 10, 2012 to all Proposers (5 pages) See attached List The Oregon Administrative Rules DEPARTMENT OF JUSTICE DIVISION 30 PUBLIC BIDDING 137-030-0104 Protest of Contractor Selection, Contract Award (1) Purpose. An adversely affected or aggrieved Offeror (1) Purpose. An adversely affected or aggrieved Offeror must exhaust all avenues of administrative review and relief before seeking judicial review of the Agency's Contractor selection or Contract award decision. (2) Notice of Competitive Range. Unless otherwise provided in the RFP, the Agency shall provide Written notice to all Proposers of the Agency's determination of the Proposers included in the Competitive Range. The Agency's notice of the Proposers included in the Competitive Range shall not be final until the later of the following: (a) 10 Days after the date of the notice, unless otherwise provided therein; or (b) Until the Agency provides a Written response to all timely-filed protests that denies the protest and affirms the notice of the Proposers included in the Competitive Range. (3) Notice ofIntent to Award. Unless otherwise provided in the Solicitation Document, the Agency shall provide Written notice to all Offerors of the Agency's intent to award the Contract. The Agency's award shall not be final until the later of the following: (a) 14 Days after the date ofthe notice, unless the Solicitation Document provided a different period for protest; or (b) The Agency provides a Written response to all timely-filed protests that denies the protest and affirms the award. (4) Right to Protest Award. (a) An adversely affected or aggrieved Offeror may submit to the Agency a Written protest ofthe Agency's intent to award within 14 Days after issuance of the notice of intent to award the Contract, unless a different protest period is provided under the Solicitation Document. (b) The Offeror's protest shall be in Writing and must specify the grounds upon which the protest is based. (c) An Offeror is adversely affected or aggrieved only if the Offeror is eligible for award of the Contract as the Responsible Bidder submitting the lowest Responsive Bid or the Responsible Proposer submitting the best Responsive Proposal and is next in line for award, i.e., the protesting Offeror must claim that all lower Bidders or higher-scored Proposers are ineligible for award: (A) Because their Offers were nonresponsive or (B) The Agency committed a substantial violation of a provision in the Solicitation Document or of an applicable procurement statute or administrative rule, and the protesting Offeror was I unfairly evaluated and would have, but for such substantial violation, been the Responsible Bidder offering the lowest Bid or the Responsible Proposer offering the highest-ranked Proposal. (d) The Agency shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document. (5) Right to Protest Competitive Range. (a) An adversely affected or aggrieved Proposer may submit to the Agency a Written protest of the Agency's decision to exclude the Proposer from the Competitive Range within 14 Days after issuance of the notice of the Competitive Range, unless a different protest period is provided under the Solicitation Document. (b) The Proposer's protest shall be in Writing and must specify the grounds upon which the protest is based. (c) A Proposer is adversely affected only if the Proposer is responsible and submitted a Responsive Proposal and is eligible for inclusion in the Competitive Range i.e., the protesting Proposer must claim it is eligible for inclusion in the Competitive Range if all ineligible higher scoring Proposers are removed from consideration, and that those ineligible Proposers are ineligible for inclusion in the Competitive Range because: (A) Their Proposals were not responsive, or (B) The Agency committed a substantial violation of a provision in the RFP or of an applicable procurement statute or administrative rule, and the protesting Proposer was unfairly evaluated and would have, but for such substantial violation, been included in the Competitive Range. (d) The Agency shall not consider a protest submitted after the time period established in this rule or such different period as may be provided in the Solicitation Document. A Proposer may not protest an Agency's decision to not increase the Competitive Range above the Competitive Range set forth in the RFP. (6) Authority to Resolve Protests. The head of the Agency, or such person's designee, has the authority to settle or resolve a Written protest submitted in accordance with the requirements of this rule. (7) Decision. If a protest is not settled, the head of the Agency, or such person's designee, shall promptly issue a Written decision on the protest. Judicial review of this decision will be available if provided by statute. (8) Award. The successful Offeror shall promptly execute the Contract after the award is final. The Agency shall execute the Contract only after it has obtained all applicable required documents and approvals. Stat. Auth.: ORS 279.049 Stats. Implemented: ORS 279.029, ORS 279.031 & ORS 279.067 Hist.: JD 6-1990, f. & cert. ef. 7-23-90; JD 1-1995, f. & cert. ef. 1-9-95; DOJ 7-1998, f. & cert. ef. 10-6-98; DOJ 6-1999(Temp), f. & cert. ef. 10-22-99 thru 12-31-99; DOJ 11-1999, f. 12-30 99, cert. ef. 1-1-00; DOJ 1-2001, f. & cert. ef. 1-17-01 PROPOSER'S LIST FOR Demolition Landfill Groundwater Assessment PBS Engineering and Environmental, Inc. 390 NE Emerson Ave., Suite 102 Bend, OR 97701 Attn: Toby Scott Ph: (541) 388-9290 Fax: (541) 382-5116 SCS Engineers 14945 SW Sequoia Pkwy, Ste 180 Portland, OR 97224 Attn: Louis Caruso Ph: (425) 289-5446 Fax: (503) 684-6948 Wallace Grou~ 62915 NE 18t Street, Suite 1 Bend, OR 97701 Attn: Scott Wallace Ph: (541) 382-4707 Fax: (541) 383-8118 anteagroup 4640 SW Macadam Ave., Suite 110 Portland, OR 97239 Attn: Tim Browning Ph: (503) 863-2106 Fax: (503) 639-7619 Cascade Earth Sciences 3511 Pacific Blvd. SW Albany, OR 97321 Attn: Douglas Wanta Ph: (541) 963-7758 Fax: (541) 963-2132 WorleyParsons 200 N. Grand Boulevard, Suite 100 Vancouver, WA 98661 Attn: M. Ken Burris Ph: (713) 354-5491 Fax: (713) 892-0325