HomeMy WebLinkAboutIntent to Award - Cell 5 - LandfillDeschutes 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 Bus ess.. f September 16, 2009
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Please see directions for completing this document on the next page.
DATE: September 10, 2009
FROM: Timm Schimke. Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Signature of Notice of Intent to Award Contract for Knott Landfill Cell 5 Construction
Area A Closure Engineering Services.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Department of Solid Waste solicited for proposals to provide engineering services including design
services, production of contract specifications, assistance during bidding and construction oversight for
the above referenced project. Three firms responded to our solicitation. A selection committee
consisting of 4 people including one from outside the department and one not employed by Deschutes
County scored and ranked the proposals using criteria specified in the request for proposals. A number
of tables is attached showing the results of the process.
FISCAL IMPLICATIONS:
The proposed fee for the serviced specified in the highest ranked response is $380,364.00 Final
ocntract negotiations will occur over the next week. Sufficient funds have been budgeted in the current
fiscal year for the project.
RECOMMENDATION & ACTION REQUESTED:
G Friesen Associates, Inc. was the highest ranked firm by each of the selection committee members.
They have extensive knowledge and experience at our landfill and provided a very thorough,
comprehensive scope of work in their proposal. I recommend approval of signature of intent to award
contract to G Friesen Associates, Inc.
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Fax and first class mail copies of the intent to award letter to 3 firms listed at the end of the intent tc
award doculment. One copy to Solid Waste Department please.
September 16, 2009
G. Friesen Associates, Inc.
4088 Orchard Drive
Lake Oswego, OR 97035
Sent via facsimile Fax: (866) 533-5543 (5 pgs) & First Class Mail
RE: Knott Landfill Cell 5 Construction and Area A Closure Contract
NOTICE OF INTENT TO AWARD CONTRACT
On Wednesday, September 16, 2009 the Board of Commissioners of Deschutes
County, Oregon, considered proposals for the above -referenced project. The Board of
County Commissioners determined that the successful responsive, responsible
proposer for the project was G. Friesen Associates, Inc., of Lake Oswego, OR.
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 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, September 23,
2009.
G. Friesen Associates, Inc
September 16, 2009
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, September 30, 2009, 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 proposer 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
Tammy Baney, Chair
Enclosures: OAR 137-047-0610
cc w/enc:
Transmitted by Facsimile and First Class Mail on September 16, 2009, to All Proposers
(5 pages)
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
Proposers List
Knott Landfill Cell 5 Construction and Area A Closure Engineering Services
Company
G. Friesen Associates, Inc.
4088 Orchard Drive
Lake Oswego, OR 97035
Ph: (503) 635-1233 Fax: (866) 533-5543
URS Corporation
111 SW Columbia Street, Suite 1500
Portland, OR 97201
Ph: (503) 222-7200 Fax: (503) 222-4292
Kleinfelder
62915 NE 18th Street, Suite 1
Bend, OR 97701
Ph: (541) 382-4707 Fax: (541) 388-8118
Knott Landfill Cell 5 Construction, Area A Closure Engineering Services RFP Scoring Summary
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