HomeMy WebLinkAboutIntent to Award - Landfill Cell 5 - Area A ClosureDeschutes 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 February 24, 2010
Please see directions for completing this document on the next page.
DATE: February 17, 2010.
FROM: Timm Schimke Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of an Intent to Award Contract Letter for the Knott Landfill Cell 5 and
Area A Closure Project.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The construction of the next cell at Knott Landfill is required in order to provide disposal capacity
beyond 2010. We expect to create between 5 and 8 years of capacity depending on waste flows. In
addition, about 45 acres of the landfill referred to as Area A is at final grade and our permit requires as
to construct a Department of Environmental Quality approved cap over the area. Information regarding
the bids received for the project can be found in the attached memo.
FISCAL IMPLICATIONS:
We have budgeted seven million dollars for the project. The low bid came in at about $5.4 million.
Adequate funds are available for the project.
RECOMMENDATION & ACTION REQUESTED:
The low bidder on the project, M.A. DeAtley Construction has extensive experience in landfill
construction. Our engineers have worked with them on past projects and have been pleased with thear
performance. I recommend approval and signature of Intent to Award Contract to M.A. DeAtley
Construction for the Knott Landfill Cell 5 and Area A Closure Project.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and mail copies to all companies listed in the bidders list inluded in the documents. One copy to
the Solid Waste Department as well.
To:
Board of County Commissioners
Department of Solid Waste
61050 SE 27th Street • Bend, Oregon 97702
[541 ] 317-3163
FAX (541) 317-3959
From: Timm Schimke, Director
CC: Dave Kanner
Date: February 17, 2010
Re: Award of contract for Knott Landfill Cell 5 and Area A Closure Project
The Department of Solid Waste opened bids on the above referenced project on
February 10, 2010. Bids ranged from about $5.4 million to $8.8 million. The
engineers estimate for the project was $6.9 million. There were four bids below
the engineers estimate and four bids above the engineers estimate. Only
$200,000 separated the lowest two bids. The results of the bids are shown
below:
Company
Bid
Engineer's Estimate
$ 6,910,359.36
MA DeAtley Construction
$ 5,387,920.48
Scarsella Bros., Inc
$ 5,584,637.38
Jack Robinson and Sons, Inc.
$ 5,735,442.77
Taylor Northwest, LLC.
$ 6,049,699.34
Tri-State Construction, Inc.
$ 6,978,838.36
Knife River Corporation NW
$ 7,959,082.23
Emry & Sons Construction, Inc
$ 8,106,518.48
Elting Northwest, Inc.
$8,799,090.48
A review of the bid documents did not reveal any irregularities. M.A. DeAtley
Construction has extensive experience in landfill work and has worked with our
engineers on other projects. We are pleased to have them on our project.
Your approval of the attached Intent to Award Contract will begin a seven
calendar day protest period. If no protest is filed, the contract is awarded without
further action by the Board.
I recommend approval and signature of Intent to Award Contract for the Knott
Landfill Cell 5 and Area A Closure Project.
Quality Services Performed with Pride
TES
w
0
February 24, 2010
M.A. DeAtley Construction, Inc.
829 Evans Road
Clarkston, WA 99403
Board of County Commissioners
1300 NW Wall St, Suite 200 • Bend, OR 97701-1960
(541) 388-6570 • Fax (541) 385-3202
www.co.deschutes or. us
board@co.deschutes or. us
Tammy 3aney
Dennis R Luke
Alan IJnger
Sent via facsimile Fax: (509) 751-1922 (5 pgs) & First Class Mail
RE: Knott Landfill Cell 5 Construction and Area A Closure Project
NOTICE OF INTENT TO AWARD CONTRACT
On Wednesday, February 24, 2010 the Board of Commissioners of Deschutes
County, Oregon, considered proposals for the above -referenced project. The
Board of County Commissioners determined that the lowest responsive,
responsible bidder for the project was M.A. DeAtley Construction, Inc. of
Clarkston Washington with a bid of FIVE MILLION THREE HUNDRED
EIGHTY SEVEN THOUSAND NINE HUNDRED TWENTY DOLLARS AND
FORTY EIGHT CENTS ($5,387,920.48
This Notice of Intent to Award Contract is issued pursuant to Oregon
Administrative Rule (OAR) 137-047-0610. A copy of this Notice is being
provided to each firm or person that submitted a bid 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, March 3, 2010.
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner
M.A. DeAtley Construction, Inc.
February 24, 2010
Page 2
Any protest must be in writing and specify any grounds upon which the protest is
based. A copy of OAR 137-047-0610 is attached to this Notice. If a protest is
filed, a hearing will be held at 10:00 a.m. on Wednesday, March 10, 2010, 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 of County Commissioners, for good
cause, rescinds this Notice before the expiration of the protest period. The
successful bidder on a Deschutes County project is required to execute five (5)
copies of the Contract, which will be provided when the bids are finally
determined. 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, 1300 NW Wall Street, Bend, OR 97701, telephone (541)
388-6625 or FAX (541) 383-0496.
Sincerely,
BOARD OF COMMISSIONERS, DESCHUTES COUNTY, OREGON
Dennis R. Luke, Chair
Enclosure: OAR 137-047-0610
cc w/enc: Transmitted by Facsimile and First Class Mail on September 16, 2009, to All
Proposers - See attached List
The Oregon Administrative Rules
DEPARTMENT OF JUSTICE
DIVISION 47
Public Procurement for Goods or Services
137-047-0610
Notice of Intent to Award
(1) Notice of Intent to Award. The Contracting Agency shall provide Written notice of its intent to Award
to all Bidders and Proposers pursuant to ORS 279B.135 at least seven (7) Days before the Award of a
Contract, unless the Contracting Agency determines that circumstances require prompt execution of the
Contract, in which case the Contracting Agency may provide a shorter notice period. The Contracting
Agency shall document the specific reasons for the shorter notice period in the Procurement file.
(2) Finality. The Contracting Agency's Award shall not be final until the later of the following:
(a) The expiration of the protest period provided pursuant to OAR 137-047-0740; or
(b) The Contracting Agency provides Written responses to all timely -filed protests denying the protests
and affirming the Award.
Stat. Auth.: ORS 279A.065 & ORS 279B.135
Stats. Implemented: ORS 279B.135
Hist.: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
137-047-0740
Protests and Judicial Review of Contract Award
(1) Purpose. An Offeror may protest the Award of a Contract, or the intent to Award of a Contract,
whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. An Offeror must file a
Written protest with the Contracting Agency and exhaust all administrative remedies before seeking
judicial review of the Contracting Agency's Contract Award decision.
(2) Delivery. Unless otherwise specified in the Solicitation Document, an Offeror must deliver a Written
protest to the Contracting Agency within seven (7) Days after issuance of the notice of intent to Award
the Contract.
(3) Content of Protest. An Offeror's Written protest shall specify the grounds for the protest to be
considered by the Contracting Agency pursuant to ORS 279B.410(2).
(4) Contracting Agency Response. The Contracting Agency shall not consider an Offeror's Contract
Award protest submitted after the timeline established for submitting such protest under this rule, or such
different time period as may be provided in the Solicitation Document. The Contracting Agency shall
issue a Written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the
Contracting Agency upholds the protest, in whole or in part, the Contracting Agency may in its sole
discretion either Award the Contract to the successful protestor or cancel the Procurement or solicitation.
(5) Judicial Review. Judicial review of the Contracting Agency's decision relating to a Contract Award
protest shall be in accordance with ORS 279B.415.
Stat. Auth.: ORS 279A.065 & ORS 279B.410
Stats. Implemented: ORS 279B.410 & ORS 279B.415
Hist.: DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05
Bidders List
Knott Landfill Cell 5 Construction and Area A Closure Project
Company
M.A. DeAtley Construction, Inc.
829 Evans Road
Clarkston, WA 99403
Ph: (509) 751-1580 Fax: (509) 751-1922
Scarsella Bros., Inc.
P.O. Box 68697
Seattle, WA 98168
Ph: (253) 872-7173 Fax: (253)395-1209
Jack Robinson and Sons, Inc.
P.O. Box 5006
Bend, OR 97708
Ph: (541) 382-4681 Fax: (541) 382-0277
Taylor Northwest, LLC.
P.O. Box 6714
Bend, OR 97708
Ph: (541) 382-7887 Fax: (541) 382-3505
Tri-State Construction, Inc.
P.O. Box 20476
Portland, OR 97294
Ph: (503) 253-2980 Fax: (503)253-0438
Knife River Corporation — Northwest
P.O. Box 83
Bend, OR 97709
Ph: (541) 388-0445 Fax: (541) 388-8932
Emery & Sons Construction, Inc.
P.O. Box 4109
Salem, OR 97302
Ph: (503) 588-7576 Fax: (503) 371-6637
Elting Northwest, Inc.
P.O. Box 1400
Clackamas, OR 97015
Ph: (503) 656-0954 Fax: (503) 656-8448