HomeMy WebLinkAboutIntent to Award - Area A Closure PlanDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or&
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 11, 2008
Please see directions for completing this document on the next page.
DATE: June 4, 2008.
FROM: Timm Schimke Solid Waste x3177
TITLE OF AGENDA ITEM:
Notice of Intent to award an agreement for the Knott Landfill Area A Closure and End Use Plan
Engineering and Design Services
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In April 2008, the Oregon Department of Environmental Quality issued an addendum to the oper<<ting
permit for Knott Landfill which set milestones for the development and implementation of closure; work
on a portion of Knott Landfill referred to as Area A. The County is required to develop end use options
and engineering design plans to meet permit and closure requirements established for Knott Landfill
and implement of closure on Area A.
In March 2008, a Request for Proposals was issued for engineering and design services for the
evaluation of final cover systems, development of end use options and the updating of the Area A
Closure Plan for Knott Landfill. Proposals were received from four firms and were evaluated by -staff
from the Solid Waste and Road departments, the County Administrator's office, and Bend Garbage and
Recycling Company. The evaluation committee selected G. Friesen Associates, Inc. for the project and
Solid Waste Department staff have successfully negotiated a scope of work and fee of $69,829 for the
services to be provided.
FISCAL IMPLICATIONS:
Funds have been budgeted in the Solid Waste Department budget for this project.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board of County Comissioners issue a Notice of Intenet to award an
agreement for the Knott Landfill Area A Closure and End Use Plan Engineering and Design Se -vices
project to G. Friesen Associates, Inc.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and first class mail documents to the proposers listed on the attachment
One copy to Department of Solid Waste
To: Board of County Commissioners
From: Timm Schimke
CC: Dave Kanner; Mark Pilliod
Department of Solid Waste
61050 SE 27th Street • Bend, Oregon 97702
(541) 317-3163
FAX (541) 317-3959
Re: Intent to Award Contract — Knott Landfill Area A Closure and End Use Design
and Engineering Services
In April, 2008, the Oregon Department of Environmental Quality issued an addendum to the
operating permit for Knott Landfill which set milestones for the development and
implementation of closure work on a portion of Knott Landfill referred to as Area A The
County is required to develop end use options and engineering design plans to meet permit
and closure requirements established for Knott Landfill and implement closure of Area A.
In March, 2008 a Request for Proposals was issued for engineering and design services
for the evaluation of final cover systems, development of end use options and the
updating of the Area A Closure Plan for Knott Landfill. Proposals were received from
four firms and were evaluated and scored by a committee consisting of staff from the
Solid Waste and Road departments, the County Administrator's office, and Bend Garbage
and Recycling Company. I have attached a table that summarizes the committee's scoring
and ranking. I have also included a table showing the costs proposed. It should be noted
that proposers may organize their costs differently from each other. A task that shows no
costs does not necessarily mean that the firm is not proposing any work in that area, but
may have included it in another task description. It should also be noted that the costs for
meetings will be contracted on a per meeting cost basis. If fewer meetings will be
required to complete the project, we will not expend the entire dollars shown.
The evaluation committee selected G. Friesen Associates, Inc. for the project and Solid
Waste Department staff have successfully negotiated a sope of work and fee of $69,829
for the services to be provided. The firm brings a high level of experience in designing
and obtaining regulatory approval of alternative landfill cover designs to the project
These covers typically cost less to install and perform better than the prescribed cover
design. I recommend Signature of the Notice of Intent to Award Contract for Knott
Landfill Area A Closure and End Use Design and Engineering Services
Quality Services Performed with Pride
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June 11, 2008
Sent via facsimile 11 / (5 pqs) & First Class Mail
Department of Solid Waste
61050 SE 27th Street • Bend, Oregon 97702
(541) 317-3163
FAX (541) 317-3959
RE: Project — Knott Landfill Area A Closure and End Use Design and Engineering
NOTICE OF INTENT TO AWARD CONTRACT
On Wednesday, June 11, 2008, 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
G.Friesen Associates, Inc.
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, June 18, 2008.
Quality Services Performed with Pride
G. Friesen Associates, Inc.
June 11, 2008
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, June 25, 2008 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 prooser 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
Dennis R. Luke, Chair
Enclosures: OAR 137-303-0104
cc w/enc: Transmitted by Facsimile and First Class Mail on June 11, 2008 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 of Intent 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 of the 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 of the
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
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
Proposers' List
KNOTT LANDFILL AREA A CLOSURE & END USE PLAN
ENGINEERING AND DESIGN SERVICES
G. Friesen Associates, Inc.
Attn.: Gerald Friesen
4088 Orchard Drive
Lake Oswego, OR 97035
Tel: (503) 635-1233
Fax: (866)533-5543
Kleinfelder
Attn: R. Scott Wallace
62915 NE 18th Street, Suite I
Bend, OR 97701
Tel: (541) 382-4704
Fax: (541) 383-8118
URS Corporation
Attn: James Dabkowski
111 SW Columbia Street, Suite 1500
Portland, OR 97201
Tel: (503) 222-7200
Fax: (503)222-4292
Sound Environmental Strategies, LLC
Attn: Kevin Wooster
19310 SW Laurelhurst Way
Bend, OR 97702
Tel: (541) 771-3060
Fax: (206) 306-1907