HomeMy WebLinkAboutNotice of Intent - Fuels Treatment Agrmts0-c E07S Deschutes 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 13, 2008 Please see directions for completing this document on the next page. DATE: February 6, 2008 FROM: Joe Stutler Forestry 322-7117 TITLE OF AGENDA ITEM: Consideration of Chair signature of a Notice of Intent to Award Contract for Fuels Treatment Quali tied Pool Retainer Agreements. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Over the last six months, Deschutes County has received grants from the federal and state government totalling $1,485,000 to treat wildland hazardous fuels in twelve work areas within the county. All work will be accomplished using service contracts. In order to minimize administrative work, all work ar;;as and all potential "services" were consolidated in a a single Request for Proposal as per Deschutes County Code 2.37.130. The Request for Proposal was issued December 10, 2007 by individual mailings to 45 contractors; additionally, the Request for Proposal was published in the Bend Bulletin, which generated an additional 20 request by contractors. The Request for Proposal closed at 2:00 p.m. on January 11, 2008. A total of 24 proposals were received. By creating a qualified pool from the Request for Proposals, Deschutes County can select the best value contractor for each work area for specific services to be provided with individual service contracts utilizing the successful proposals. The following documents are attached for review: Request for Proposal, Notice of Intent, and Retainer Agreement for Services. FISCAL IMPLICATIONS: Each grant that is awarded to Deschutes County is reimburseable, meaning that we must spend the money to be reimbursed. Each grant requires acccomplishment updates and year-end reporting, and we can seek reimbursement and advances as we proceed with the grant implementation. RECOMMENDATION & ACTION REQUESTED: Recommend approval of the Notice of Intent to Award Contract for Fuels Treatment and approval of the Qualified Pool Retainer Agreements. ATTENDANCE: Joe Stutler and Mark Pilliod DISTRIBUTION OF DOCUMENTS: Joe Stutler, who will distribute to the qualified pool list. February DESCHUTES COUNTY DOCUMENT SUMMARY Date: February 6, 2008 Contact Person: Joe Stutter Contractor/Supplier/Consultant Name: Department: Forestry_ Phone #: 322-7117 See notice of intent to award contract Goods and/or Services: See attached Request for Proposal Background & History: See agenda request form. Agreement Starting Date: 13, 2009. February 13, 2008 Annual Value or Total Payment: $1,485,000 Ending Date: ❑ Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ® RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Title: Joe Stutler Deschutes County Forester Phone #: Department Director Approval: Signature 322-7117 Distribution of Document: All documents to Joe Stutter after signature. Date Official Review: County Signature Required (check one): CI BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review Document Number Date 2/7/2008 Board of County Commissioners 1300 NW Wall St, Suite 200 • Bend, OR 97701-1960 [541) 388-6570 • Fax [541) 385-3202 www.co.deschute�..or.us board©co.deschute;:. or.us Tammy Baney Michael M. Daly Dennis F. Luke January 13, 2008 See Attached List of Qualified Providers RE: Fuels Treatment Qualified Pool Retainer Agreements NOTICE OF INTENT TO AWARD CONTRACT On January 11, 2008, the Deschutes County Forester considered proposals for selection of a qualified pool of providers for Fuels Treatment Services, pursuant to Deschutes County Code Chapter 2.37.130. Fuels Treatment Services consist of one or more of the following: hand piling, grappel piling, sheering, slash busting, chainsaw thinning, chipping and removal, pruning/ladder fuel reduction, mowing, pile burning, lop and scatter, pine needle removal, crush and masticate, dozer piling, mulching and tub/horizontal grinding. The Forester determined which of the proposers' submittals and the particular services they offered represented the best value to the County. Attached to this Notice on Exhibit A is a summary of the proposers and the particular services that the Forester has recommended be placed in a "qualified pool" for selection within the current calendar year to perform such services on various work sites to be identified by the Forester. The decision to not select a particular proposer or one or more services for which a proposal was submitted shall not be construed as County's determination such proposer(s) were not "qualified" in a general sense. Rather the decision not to select one or more proposers or services being proposed were considered not sufficiently competitive or not in the best interest of the public. This Notice of Intent to Award Contract is issued pursuant to ORS 279B.135 and Oregon Administrative Rule (OAR) 137-047-0610. The Board hereby waives application of Deschutes County Code 2.37.140(c), requiring protests to be filed within three (3) business days. A copy of this Notice is being provided to each firm or person that submitted a proposal for this contract. Any firm or person which believes that they are adversely affected or aggrieved may submit to the Board of County Commissioners of Deschutes County, Oregon, 1300 NW Wall Street, Suite 200, Bend, Oregon 97701, a written protest within seven (7) days after the issuance of this Notice of Intent to Award. The seven (7) day protest period will expire at 5:00 PM on Wednesday, February 20, 2008. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner Page -2- Any protest must be in writing and specify any grounds upon which the protest is based. If no protest is filed within the protest period, this Notice of Intent to Award becomes an Award of Contract without further action unless, for good cause, this Notice is rescinded by the County before the expiration of the protest period. The selected proposers will execute a retainer agreement, provided by the county. The Forester is hereby authorized to execute such retainer agreements with the proposers (contractors) and the associated services set forth on Exhibit A. Under the terms of the retainer agreement contractors' names will be placed on a list. At such time as the Forester identifies a Work Site and the need for fuels treatment services for which contractor has been identified, Forester will negotiate with a contractor from the list for a personal services contract. As part of the execution of such contract, the contractor will be required to provide a certificate of insurance. If you have any questions regarding this Notice of Intent to Award Contract, the selection methodology or the procedures under which the County is proceeding, please contact Joe Stutter, County Forester, Deschutes County Road Department, 61150 SE 27th Street, Bend, Oregon 97702; telephone (541) 322-7117. Sincerely, Dennis R. Luke, Chair Deschutes County Board of Commissioners Exhibit A Mike Glafka, All Seasons Cleanup Services 1. Hand piling 2. Grapple pile 3. Pruning/ladder fuel reduction 4. Mowing David R. Vitelle, Bear Mountain Fire LLC 1. Hand piling 2. Grapple pile 3. Chainsaw thinning 4. Pruning/ladder fuel reduction 5. Mowing 6. Pile burning 7. Lop & Scatter 8. Pine needle removal 9. Crush & Masticate Richard Brown, Cascade Brush Clearing 1. Mowing Deschutes County Vegetation 1. Mowing Dave Holmes, Heart of Oregon 1. Hand piling 2. Chipping and removal 3. Pruning/ladder fuel reduction 4. Pine needle removal Marc Barnes, Integrated Resource Management 1. Hand piling 2. Grapple pile 3. Sheering 4. Slash buster 5. Chainsaw thinning 6. Chipping and removal 7. Pruning/ladder fuel reduction 8. Mowing 9. Pile burning 10. Lop & Scatter 11. Pine needle removal 12. Crush & Masticate 13. Dozer Pile 14. Mulching 15. Tub/horizontal grinding Keith Ross, Keith Ross Contracting 1. Chipping and removal 2. Pruning/ladder fuel reduction Mike Shields, La Pine Equipment, Inc. 1. Hand piling 2. Grapple pile 3. Sheering 4. Pruning/ladder fuel reduction 5. Mowing Leroy Dalebout 1. Mowing M. G. Kimmel 1. Hand piling 2. Grapple pile 3. Sheering 4. Slash buster 5. Chipping and removal 6. Pruning/ladder fuel reduction 7. Pine needle removal 8. Dozer Pile 9. Tub/horizontal grinding Scott Melcher, Melcher Logging 1. Sheering 2. Chainsaw thinning 3. Chipping and removal 4. Pruning/ladder fuel reduction 5. Dozer Pile 6. Tub/horizontal grinding Robert Otteni, Professional Tree Care 1. Hand piling 2. Sheering 3. Chipping and removal 4. Mowing 5. Lop & Scatter John Williams, Quicksilver Contracting Co. 1. Hand piling 2. Sheering 3. Pruning/ladder fuel reduction Richard Owen, R -J Consulting Service LLC 1. Grapple pile 2. Mowing 3. Pine needle removal Larry Fulkerson, Running Tree LLC 1. Chipping and removal 2. Pruning/ladder fuel reduction Dave Elpi, Sisters Forest Products LLC 1. Hand piling 2. Grapple pile 3. Chainsaw thinning 4. Chipping and removal 5. Pruning/ladder fuel reduction 6. Pine needle removal 7. Dozer Pile Scott Spaulding, Spaulding Property Maintenance 1. Hand piling 2. Chainsaw thinning 3. Chipping and removal 4. Pruning/ladder fuel reduction 5. Mowing 6. Pile burning 7. Pine needle removal Scott Nelson, Summit Forests Inc. and South Bay Timber LLC 1. Hand piling 2. Sheering 3. Chainsaw thinning 4. Pruning/ladder fuel reduction 5. Lop & Scatter Steve Lawn, T2, Inc. 1. Tub/horizontal grinding Team Approach: Companies include T2, Melcher Logging, Integrated Resource Management, Heart of Oregon, Keith Ross and Dave Elpi. 1. Hand piling 2. Grapple pile 3. Sheering 4. Slash buster 5. Chainsaw thinning 6. Chipping and removal 7. Pruning/ladder fuel reduction 8. Mowing 9. Pile burning 10. Lop & Scatter 11. Pine needle removal 12. Crush & Masticate 13. Dozer Pile 14. Mulching 15. Tub/horizontal grinding Jack Owens, Wildfire Fuels Reduction 1. Mowing February 13, 2007 Sent via First Class Mail John Williams, Quicksilver Contracting CO 64682 Cook Ave. #99 Bend, OR 97701. Steve Lawn, Team Approach, c/o T2, Inc., 44501 Wiley Creek Drive, Sweet Home, OR 97386. Steve Lawn, T2, Inc., 44501 Wiley Creek Drive, Sweet Home, OR 97386. Scott Melcher, Melcher Logging, P.O. Box 600, Sweet Home, OR 97386. Richard Owens, R -J Consulting Services, LLC, 2378 NW Holly Place, Albany, OR 97321. Marc Barnes, Integrated Resource Management, P.O. Box 547, Philomath, OR 97370. David Holmes, Heart of Oregon Corps Inc. P.O. Box 279, Bend, OR 97709. M. G. Kimmel, 15448 S. Erie, Prineville, OR 97754. Scott Nelson, Summit Forests Inc. and South Bay Timber LLC. 1257 Siskiyou Blvd. Ashland, OR 97520 Richard Brown, Cascade Brush Clearing, 2660 NE Hwy. 20 Suite 610, Bend, OR 97701. Robert Otteni, Professional Tree Care, P.O. Box 65, La Pine OR 97739. David Vitelle, Bear Mtn. Fire, P.O. Box 145 Sisters OR 97759. Leroy Dalebout, 1072 Fort Jack Pine Dr. Gilchrist, OR 97737. Mike Shields, La Pine Equipment, P.O. Box 154 La Pine, OR 97739. Tom Blust, Deschutes County Vegetation, 61150 SE 27th Street, Bend, OR 97702. Keith Ross, Keith Ross Contracting, 5067 W. Hwy. 126, Redmond OR 97756. Mike Glafka, All Seasons Cleanup Service, 60911 Ashford Dr. Bend, OR 97702. Scott Spaulding, Spaulding Property Maintenance, 400 NE Robin Court, Prineville, OR 97754. Jack Owen, Wildfire Fuels Reduction LLC, P.O. Box 3823 Sunriver, OR 97707. Larry Fulkerson, Running Tree, LLC, 22321 McArdle Road, Bend, OR 97702. David Elpi, Sisters Forest Products, LLC, 69490 Green Ridge Loop Sisters, OR 97759. Alan Clark, 13661 SE Cayuse Street, Prineville, OR 97754. Ron Payden, Woodland Rehab. and Restoration, LLC, P.O. Box 821, La Pine, OR 97739. Andy Smith, Spring River Tree Service, Inc. P.O. Box 1987 Sunriver, OR 97707. RE: Fuels Treatment Qualified Pool Retainer Agreements REVIEWED LEGAL COUNSEL For Recording Stamp Only RETAINER AGREEMENT FOR FUELS TREATMENT PARTIES: Deschutes County, Oregon (County) Integrated Resource Management (Contractor) 1. TERM: Upon signature by both parties through December 31, 2008 2. DELIVERABLES: Fuels Treatment consists of one or more of the following services: hand piling, grappel piling, sheering, slash busting, chainsaw thinning, chipping and removal, pruning/ladder fuel reduction, mowing, pile burning, lop and scatter, pine needle removal, crush and masticate, dozer piling mulching and tub/horizontal grinding. More specific descriptions of each Fuels Treatment service can be found on the following web sites or, upon request, in a printed form: http://www.partnershipresourcecenter.orq/resources/imp- tools/hazardous-fuels/fuel-treatment-defs.php http://www.forestencyclopedia.net/p/p285 http://www.nifc.gov/fuels/overview/outsideCommunities.html For purposes of this retainer agreement a list of Services that may be provided by Contractor are identified on Exhibit A, attached hereto and incorporated herein. 3. COMPENSATION: The amount or rate of payment associated with each particular Service that may be provided by Contractor is shown on Exhibit A. Where such compensation is shown as a range, the parties will negotiate a fixed rate or price as part of preparing a service agreement. 4. LOCATION OF SERVICES: Services to be provided by Contractor will occur in Deschutes County at a place or places more specifically described at the time a service contract is executed. The service location may be referred to as Work Site. 5. PROCESS: Contractor and other contractors submitted proposals in response to County's RFP. County analyzed proposals for adequacy of labor, equipment and experience, as well as price. Based upon County's analysis of Contractor's proposal, County has selected Contractor and particular Services identified on Exhibit A to be listed among a pool of contractors to perform one or more of the Fuels Treatment services during the term of this Agreement. Services for which Contractor submitted a proposal, but which are not identified on Exhibit A will not be the subject of a services agreement between Contractor and County. At such time during the contract term that County identifies a particular Work Site, and required Services for which Contractor has been listed, County will notify Contractor or some other contractor from the pool for purposes of negotiating and preparing a services agreement. Page 1 of 3 RETAINER AGREEMENT FOR FUELS TREATMENT Doc. No. 2008 -XXX Following notification by County the parties shall negotiate specific terms, including the Work Site, Service(s), sequence of Service(s) and compensation. The parties will utilize a standard county personal services contract covering general terms. The Services may include only those identified on Exhibit A. If the parties are unable to reach an agreement on any term, including the amount or rate of compensation for any one or more particular Service(s) to be provided, County may in its sole discretion enter into an agreement with Contractor for performance of those Services on which the parties have successfully negotiated all terms, and separately negotiate with another contractor from County's pool for performance of Service(s) on which County and Contractor have not reached agreement. Notwithstanding any representation or rule to the contrary, the parties understand and agree that the County shall be entitled to determine in its sole discretion what particular Services are required at a Work Site, the appropriate sequence and timeframe in which such Services will be provided by Contractor and that such Services will be provided by a contractor from the pool at a rate or cost which County has determined represents the best value to the public. The parties shall execute a written agreement based upon the agreed terms. Contractor shall promptly furnish required certificates of insurance. Only after a contract is fully executed and acceptable proofs of insurance are furnished will County issue a Notice to Proceed. 6. NOTICE TO PROCEED: Following County issuance of Notice to Proceed but before Contractor begins work under the agreement, Contractor shall meet with the County Forester at the Work Site. The purpose of such meeting will be for the County to give specific instructions to Contractor as to Services to be furnished at the Work Site based upon unique circumstances. Contractor shall follow County's instructions as if set forth in the agreement. Dated this day of , 2008 Deschutes County, Oregon County Forester Integrated Resource Management Marc Barnes, Authorized Signature Page 2 of 3 RETAINER AGREEMENT FOR FUELS TREATMENT Doc. No. 2008 -XXX Exhibit A Marc Barnes, Integrated Resource Management 1. Hand piling; $50-500/acre 2. Grapple pile; $50-$500/acre 3. Sheering; $50-500/acre 4. Slash buster; $50-$500/acre 5. Chainsaw thinning; $50-$500/acre 6. Chipping and removal; $50-$500/acre 7. Pruning/ladder fuel reduction; $25-$250/acre 8. Mowing; $25-$100/acre 9. Pile burning; $10-$100/acre 10. Lop & Scatter; $25-$250/acre 11. Pine needle removal; $25-$250/acre 12. Crush & Masticate; $50-$500/acre 13. Dozer Pile; $150-$350/acre 14. Mulching; $50-$150/acre 15. Tub/horizontal grinding; $50-$500/acre Page 3 of 3 RETAINER AGREEMENT FOR FUELS TREATMENT Doc. No. 2008 -XXX